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202100763 Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold harmless Lender, and any successors to Lender's interest, from and against any and all claims, damages, losses, and liabilities arising in connection with the presence, use, disposal, or transport of any Hazardous Materials on, under, from, or about the Property. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE OF THIS DEED OF TRUST. 7. Borrower shall not sell, transfer, assign, convey, or further encumber all or any part of or any interest in the Property, either voluntarily or involuntarily, without the express prior written consent of Lender, or as otherwise permitted herein; and in the event of any such sale, transfer, assignment, conveyance, or transfer in violation of this provision, Lender shall have the option to declare all sums secured hereby immediately due and payable. 8. If Borrower fails to perform the covenants and agreements contained herein, Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property, including the paying of any sum secured by a lien that has priority over this Deed of Trust, appearing in Court, paying reasonable attorney fees, and entering the Property to make repairs. Any amount disbursed by Lender under this paragraph shall become an additional debt of Borrower secured by this Deed of Trust, to bear interest from the date of disbursement, and said amount, together with the then -unpaid principal amount, shall bear interest at the highest lawful rate until refunded by Borrower. 9. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender and shall be applied to the sums secured by this Deed of Trust, whether or not then due, with any excess to be paid to Borrower. 10. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or mailing it by First -Class Mail, unless Nebraska Law requires use of another method, at the Borrower's last known address. 12. This Deed of Trust shall be governed by Nebraska Law. 13. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this Deed of Trust and the Debt that it secures. The notice shall specify (a) the default, (b) the action required to cure the default, (c) a date not less than ten (10) days from the date the notice is given to Borrower by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sum secured by this Deed of Trust and sale of the Property pursuant to the power of sale granted herein. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. 3