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201211202 <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) <br />