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<br /> (b) At its sole option, Beneficiary may permit insurance or condemnation proceeds
<br /> held by Beneficiary to be used for repair or restoration but may impose any conditions on such
<br /> use as Beneficiary deems necessary.
<br /> 4.8 Maintenance and Preservation of Subiect Prooertv. Subject to the provisions of
<br /> any Secured Obligation, Trustor covenants:
<br /> (a) to keep the Subject Property in good condition and repair;
<br /> (b) except with Beneficiary's prior written consent, not to remove or demolish the
<br /> Subject Property, nor alter, restore or add to the Subject Property, nor initiate or acquiesce in any
<br /> change in any zoning or otherland classification which affectsthe Subject Property;
<br /> (c) to restore promptly and in good workmanlike manner any portion of the Subject
<br /> Property which may be damaged or destroyed, unless Beneficiary requires tha[ all of the
<br /> insurance proceeds be used to reduce the Secured Obligations as provided in the Section hereof
<br /> entitled Damages; Insurance and Condemnation Proceeds;
<br /> (d) m comply with and not to suffer violation of any or all of the following which
<br /> govern acts or conditions on, or otherwise affect the Subject Property: (i) laws, ordinances,
<br /> regulations, standards and judicial and administrative rules and orders; (ii) covenants, conditions,
<br /> restrictions and equita6le servitudes, whether public or private; and (iii) requirements of
<br /> insurance companies and any bureau or agency which establishes standards of insurability;
<br /> (e) not to commit or permit waste of the Subject Property; and
<br /> (� to do all other acts which from the character or use of the Subject Property may be
<br /> reasonably necessary to maintain and preserve its value.
<br /> 4.9 Hazardous Substances: Environmental Provisions. Trustor represents and
<br /> warrants to Beneficiary as follows:
<br /> (a) Except as disclosed to Beneficiary in writing prior to the date hereof, the Subject
<br /> Property is not and has not been a site for the use, generation, manufacture, storage, treatment,
<br /> disposal, release or threatened release, transportation or presence of any substances which are
<br /> "hazardous substances," "hazardous wastes " "hazardous materials" or "toxic substances" under
<br /> the Hazardous Materials Laws, as defined below, and/or other applicable environmental laws,
<br /> ordinances and regulations (collectively, the "Hazardous Materials").
<br /> (b) The Subject Property is in compliance with all laws, ordinances and regulations
<br /> relating to Hazardous Materials (collectively, the "Hazardous Materials Laws"), including
<br /> without limitation, the Clean Air Act, the Federal Water Po]lution Control Aet, the Federal
<br /> Resource Conservation and Recovery Act of 1976, the Comprehensive Environmental Response,
<br /> Compensation and Liability Act of 1980, the Superfund Amendments and Reauthorization Act
<br /> of 1986, the Federal Toxic Substances Control Act and the Occupational Safety and Health Act,
<br /> as any of[he same may be amended, modified or supplemented from time to time, and any other
<br /> applicable federal, state or local environmental laws, and any rules or regulations adopted
<br /> pursuant to any of the foregoing.
<br /> (c) There are no claims or actions pending or threatened against Trustor or the
<br /> Subject Property by any govemmental entity or agency, or any other person or entity, relating to
<br /> any Hazardous Materials or pursuant to any Hazardous Materials Laws.
<br /> Deed of Trust and Assignmen[of Rents and Leases Page 7
<br /> Deed of Trust-Capital One,N.A._Lyne Realty, LP(Grand Island,NE)
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