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241901174 maintenance actions required by any governmental authority or Environmental Law, or included in any no further action letter or covenant not to sue issued by any governmental authority under any Environmental Law; and (xii) from time to time upon the reasonable written request of Beneficiary, timely provide at Grantor's expense a report of an environmental assessment of reasonable scope, form and depth (including, where appropriate, invasive soil or groundwater sampling) by a consultant reasonably acceptable to Beneficiary as to any matter for which notice is provided pursuant to the above requirements or which may reasonably be believed by Beneficiary to form the basis of a material Environmental Claim in connection with the Mortgaged Premises. If such a requested environmental report is not delivered within 60 days after receipt of Beneficiary's request, then Beneficiary may arrange for the same, and Grantor hereby grants to Beneficiary and its representatives access to the Mortgaged Premises and a license to undertake such an assessment (including, where appropriate, invasive soil or groundwater sampling). The reasonable costs of any assessment arranged for by Beneficiary pursuant to this provision shall be payable by Grantor on demand and added to the indebtedness hereby secured. 28. Construction Loans. (1) Pursuant to the Nebraska Trust Deeds Act transfers in trust of real property may be made to secure (a) existing debts or obligations created simultaneously with the execution of the Deed of Trust, (b) debts or obligations created simultaneously with the execution of the Deed of Trust, (c) future advances necessary to protect the security, even though such future advances cause the total indebtedness to exceed the maximum amount stated in the Deed of Trust, (d) any future advances to be made at the option of the parties in any amount unless, except as otherwise provided under subsection (2) or (3) of this section, a maximum amount of total indebtedness to be secured is stated in the Deed of Trust, or (e) the performance of an obligation of any other person named in the Deed of Trust to a Beneficiary. The total amount of indebtedness hereby secured may increase or decrease from time to time, but the total unpaid balance of indebtedness hereby secured (including disbursements which Beneficiary may make under this Deed of Trust, the Credit Agreement or any other documents related thereto) at any one time outstanding shall not exceed a maximum principal amount of One Hundred Thirteen Million and No/100 Dollars ($113,000,000) plus interest thereon and any disbursements made for payment of taxes, special assessments or insurance on the Mortgaged Premises and interest on such disbursements. (2) Future advances necessary to protect the security shall include, but not be limited to, advances for payment of real property taxes, special assessments, prior liens, hazard insurance premiums, maintenance charges imposed under a condominium declaration or other covenant, and costs of repair, maintenance, or improvements. Future advances necessary to protect the security are secured by the Deed of Trust and shall have the priority specified in subsection (3) of this section. (3) (a) Except as provided in subdivision (b) of this subsection, all items identified in subsection (1) of this section are equally secured by the Deed of Trust from the time of filing the Deed of Trust as provided by law and have the same priority as the Deed of Trust over the rights of all other persons who acquire any rights in or liens upon the trust property subsequent to the time the Deed of Trust was filed. -19-