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200105234 b. Trustor shall indemnify, defend and save and hold harmless Beneficiary from and against any and all losses, liabilities, damages, costs and expenses (including costs of remediation or cleanup, loss of property value or defects in title to the Trust Property, and the reasonable fees and disbursements of Beneficiary's counsel) asserted against or suffered or incurred by Beneficiary and in any way relating to or arising out of the generation, storage, manufacturing, refining, releasing, transportation, treatment, disposal or other presence of any Hazardous Substance on or about or removed from the Trust Property, which indemnity shall survive: (i) the foreclosure of this Mortgage; (ii) any conveyance of the Trust Property in lieu of such foreclosure; (iii) the payment and performance of the Obligations; (iv) the release of the lien of this Mortgage; and (v) any other transfer of Trustor's title to or interest in the Trust Property. The terms and provisions of the Environmental Indemnity are specifically incorporated into this paragraph 12 and made a part hereof. Beneficiary may at any time hire the services of an environmental consulting and /or testing company to inspect the Trust Property with the costs thereof to be charged to Trustor. Trustor shall not rely on such inspection nor shall Trustor be relieved thereby of conducting its own environmental audit or taking such other steps as are necessary to comply with environmental laws and regulations. 13. Trustor Not Released. Extension of the time for payment or modification of any amortization of the Obligations granted by Beneficiary to any successor in interest of Trustor shall not operate to release, in any manner, the liability of Trustor and Trustor's successors in interest. Beneficiary shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the Obligations by reason of any demand made by Trustor and Trustor's successors in interest. 14. Financial Information. Trustor shall provide to Beneficiary the financial information specified in the Credit Agreement, in the manner and within the time frames specified in the Credit Agreement. 15. Schedule of Leases. Within ten (10) days after demand, Trustor shall furnish to Beneficiary a schedule, certified to by Trustor, setting forth all leases of the Trust Property, or any portion thereof, including in each case, the name of the tenants or occupants, a description of the space occupied by such tenant or occupant, the rental payable for such space, and such other information and documents with respect to such leases and tenancies as Beneficiary may reasonably request. 16. Covenants of Trustor with Respect to Leases. Without the prior written consent of Beneficiary, Trustor shall not, directly or indirectly, with respect to any lease of space in the Trust Property, or any portion thereof, whether such lease is now or hereafter in existence: a. Accept or permit any prepayment, discount or advance payment of rent hereunder in excess of one month, b. Cancel or terminate the same, or accept any cancellation, termination or surrender thereof, or permit any event to occur which would occur thereunder to terminate or cancel the same, other than termination for nonpayment of rent, DOGS 146876.8 1582098 Grand Island Page 7 of 15