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<br /> (d) Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its
<br /> directors, officers, employees, agents, successors and assigns, from and against any and all
<br /> losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses
<br /> (including without limitation, attorneys' fees and expenses) which Beneficiary may incur as a
<br /> direct or indirect consequence of the use, generation, manufacture, storage, treatment, disposal,
<br /> release or threatened release, transportation or presence of Hazardous Materials in, on, under or
<br /> about the Subject Property. Trustor shall pay to Beneficiary immediately upon demand any
<br /> amounts owing under this indemnity, together with interest from the date of demand until paid in
<br /> full at the highest rate of interest applicable to any Secured Obligation. TRUSTOR'S DUT'Y
<br /> AND OBLIGATION TO DEFEND, INDEMNIFY AND HOLD HARMLESS BENEFICiARY
<br /> SHALL SURVIVE THE CANCELLATION OF THE SECURED OBLIGATIONS AND THE
<br /> RELEASE, RECONVEYANCE OR PARTIAL RECONVEYANCE OF THiS DEED OF
<br /> TRUST.
<br /> (e) Trustor shall immediately advise Beneficiary in writing upon Trustor's discovery
<br /> of any occuttence or condition on the Subject Property or on any real property adjoining or in the
<br /> vicinity of the Subject Property that does or could cause all or any part of the Subject Property to
<br /> be contaminated with any Hazardous Materials or otherwise be in violation of any Hazardous
<br /> Materials Laws, or cause the Subject Property to be subject to any restrictions on the ownership,
<br /> occupancy, transferabili[y or use thereof under any Hazardous Materials Laws.
<br /> 4.10 Protection of Securitv. Trustor shall, at Trustor's sole expense: (a) protect,
<br /> preserve and defend the Subject Property and Trustor's title and right to possession of the
<br /> Subject Property against all adverse claims; (b) if Trustor's interest in the Subject Property is a
<br /> Ieasehold interest or estate, pay and perform in a timely manner aIl obligations to be paid and/or
<br /> performed by the lessee or tenant under the lease or other agreement creating such leasehold
<br /> interest or estate; and (c) protect, preserve and defend the secunty of this Deed of Trust and the
<br /> rights and powers of Beneficiary and Trustee under this Deed of Trust against all adverse claims.
<br /> Trustor shall give Beneficiary and Trustee prompt notice in writing of the assertion of any claim,
<br /> the filing of any action or proceeding, or the occurrence of any damage, condemnation offer or
<br /> other action relating to or affecting the Subject Property and, if Trustor's interest in the Subject
<br /> Property is a leasehold interest or estate, of any notice of default or demand for performance
<br /> under the lease or other agreement pursuant to which such leasehold interest or estate was
<br /> created or exists.
<br /> 411 Aeceptance of Trust Powers and Duties of Trustee. Trustee accepts this trust
<br /> when this Deed of Trust is executed. Prom time to time, upon written request of Beneficiary
<br /> and, to the extent required by applicable law presentation of this Deed of Trust for endorsement,
<br /> and without affecting the personal liability of any person for payment of any indebtedness or
<br /> performance of any of the Secured Obligations, Beneficiary, or Trustee at Beneficiary's
<br /> direction, may, without obligation to do so or ]iability therefor and without notice: (a) reconvey
<br /> all or any par[ of the Subject Property from the lien of this Deed of Trust (b) consent to the
<br /> making of any map or plat of the Subject Property; and (c)join in any grant of easement or
<br /> declaration of covenants and restrictions with respect to the Subject Property, or any extension
<br /> agreement or any agreement subordinating the lien or charge of this Deed of Trust. Trustee or
<br /> Beneficiary may from time to time apply to any court of competent jurisdiction for aid and
<br /> direction in the execution of the trusts and the enforcement of its rights and remedies available
<br /> under this Deed of Trust, and may obtain orders or decrees directing, confirming or approving
<br /> acts in the execution of said trusts and the enforcement of said rights and remedies. Trustee has
<br /> no obligation to notify any party of any pending sale or any action or proceeding (including, but
<br /> not limited to, actions in which Trustor, Beneficiary or Trustee shall be a party) unless held or
<br /> commenced and maintained by Trustee under this Deed of Trust. Trustee shall not be obligated
<br /> to perform any act required of it under this Deed of Trust unless the performance of the act is
<br /> Deed of Trust and Assignment of Ren[s and Leases Page 8
<br /> Deed of Trust-Capital One, N.A._Lyne Realty,LP(Grrnd Island,NE)
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