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Loan No: 87215896
<br />MORTGAGE
<br />(Continued)
<br />20220459E
<br />Page 2
<br />disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
<br />authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
<br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with
<br />all applicable federal, state, and local laws, regulations and ordinances, induding without limitation all
<br />Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such
<br />inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the
<br />Property with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's
<br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or
<br />to any other person. The representations and warranties contained herein are based on Grantor's due diligence in
<br />investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims
<br />against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from
<br />a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage,
<br />disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether
<br />or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage,
<br />including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction
<br />and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any Interest in
<br />the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any
<br />stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the
<br />foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including
<br />oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent.
<br />Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
<br />without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require
<br />Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least
<br />equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all
<br />reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's
<br />compliance with the terms and conditions of this Mortgage.
<br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and
<br />regulations, now or hereafter in effect, of all govemmental authorities applicable to the use or occupancy of the
<br />Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any
<br />such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals,
<br />so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's
<br />interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety
<br />bond, reasonably satisfactory to Lender, to protect Lender's interest.
<br />Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other
<br />acts, in addition to those acts set forth above in this section, which from the character and use of the Property are
<br />reasonably necessary to protect and preserve the Property.
<br />CONSTRUCTION LOAN. If some or all of the proceeds of the loan creating the Indebtedness are to be used to
<br />construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later
<br />than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full
<br />all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and
<br />conditions as Lender may deem reasonably necessary to insure that the interest created by this Mortgage shall have
<br />priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other
<br />things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction
<br />progress reports, and such other documentation as Lender may reasonably request.
<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums
<br />secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real
<br />Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right,
<br />title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by
<br />outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater
<br />than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land
<br />trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any
<br />Grantor is a corporation, partnership or limited liability company, transfer also includes any restructuring of the legal
<br />entity (whether by merger, division or otherwise) or any change in ownership of more than twenty-five percent (25%)
<br />of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor.
<br />However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
<br />Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes,
<br />assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay
<br />when due all daims for work done on or for services rendered or material fumished to the Property. Grantor shall
<br />maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage,
<br />except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by
<br />Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest
<br />paragraph.
<br />Right to Contest. Grantor may withhold payment of any tax, assessment, or daim in connection with a good faith
<br />dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or
<br />is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed,
<br />within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by
<br />Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an
<br />amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a
<br />result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
<br />satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional
<br />obligee under any surety bond fumished in the contest proceedings.
<br />Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes
<br />or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written
<br />statement of the taxes and assessments against the Property.
<br />Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any
<br />services are fumished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or
<br />other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender
<br />furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such
<br />improvements.
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