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(200101126 <br />warranties contained herein are based on Grantor's due diligence in investigating the Property <br />for hazardous waste. Grantor hereby (i) releases and waives any future claims against <br />Beneficiary for indemnity or contribution in the event Grantor becomes liable for cleanup <br />or other costs under any such laws, and (ii) agrees to indemnify and hold harmless <br />Beneficiary against any and all claims, losses, liabilities, damages, penalties and expenses <br />which Beneficiary may directly or indirectly sustain or suffer resulting from a breach of this <br />Section of the Deed of Trust or as a consequence of any use, generation, manufacture, <br />storage, disposal, release or threatened release occurring prior to Grantor's ownership or <br />interest in the Property, whether or not the same was or should have been known to Grantor. <br />The provisions of this Section of the Deed of Trust, including the obligation to indemnify, <br />shall survive the payment of the Indebtedness and shall not be affected by Beneficiary's <br />acquisition of any interest in the Property, whether by foreclosure or otherwise. <br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, <br />permit, or suffer any stripping of or waste on or to the Property or any portion of the <br />Property. Specifically, without limitation, Grantor will not remove, or grant to any other <br />party the right to remove, any timber, minerals, (including oil and gas), soil, gravel or rock <br />products without the prior written consent of Beneficiary. <br />Removal of Improvements. Grantor shall not demolish or remove any improvements from <br />the Real Property without the prior written consent of Beneficiary. As a condition to the <br />removal of any improvements, Beneficiary may require Grantor to make arrangements <br />satisfactory to Beneficiary to replace such improvements with improvements of at least equal <br />value. <br />Beneficiary's Right to Enter. Beneficiary and its agents and representatives may enter <br />upon the Real Property at all reasonable times to attend to Beneficiary's interests and to <br />inspect the Property for purposes of Grantor's compliance with the terms and conditions of <br />this Deed of Trust. <br />Compliance with Governmental Requirements. Grantor shall promptly comply with all <br />laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities <br />applicable to the use or occupancy of the Property. Grantor may contest in good faith any <br />such law, ordinance, or regulation and withhold compliance during any proceeding, <br />including appropriate appeals, so long as Grantor has notified Beneficiary in writing prior <br />to doing so, and so long as Beneficiary's interests in the Property are not jeopardized. <br />Beneficiary may require Grantor to post adequate security or a surety bond, reasonably <br />satisfactory to Beneficiary, to protect Beneficiary's interest. <br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. <br />Grantor shall do all other acts, in addition to those acts set forth above in this Section, which <br />Tracking No. 200012011 -NEB <br />5 <br />