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200011176 29. USE OF PROPERTY. The Property is not currently used for agricultural, farming, timber or grazing purposes. Borrower warrants that this Instrument is and will at all times constitute a commercial trust deed, as defined under appropriate state law. 30. FUTURE ADVANCES. Upon request of Borrower, Lender, at Lender's option so long as this Instrument secures Indebtedness held by Lender, may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Instrument when evidenced by promissory notes stating that said notes are secured hereby. 31. IMPOSITION OF TAX BY STATE. 31.1 State Taxes Covered. The following constitute state taxes to which this Section applies: (a) A specific tax upon trust deeds or upon all or any part of the indebtedness secured by a trust deed. (b) A specific tax on a grantor which the taxpayer is authorized or required to deduct from payments on the indebtedness secured by a trust deed. (c) A tax on a trust deed chargeable against the beneficiary or the holder of the note secured. (d) A specific tax on all or any portion of the indebtedness or on payments of principal and interest made by a grantor. 31.2 Remedies. If any state tax to which this Section applies is enacted subsequent to the date of this Instrument, this shall have the same effect as an Event of Default, and Lender may exercise any or all of the remedies available to it unless the following conditions are met: (a) Borrower may lawfully pay the tax or charge imposed by state tax; and (b) Borrower pays the tax or charge within thirty (30) days after notice from Lender that the tax has been levied. 32. ATTORNEYS' FEES. In the event suit or action is instituted to enforce or interpret any of the terms of this Instrument (including without limitation efforts to modify or vacate any automatic stay or injunction), the prevailing party shall be entitled to recover all expenses reasonably incurred at, before and after trial and on appeal whether or not taxable as costs, or in any bankruptcy proceeding including, without limitation, attorneys' fees, witness fees (expert and otherwise), deposition costs, copying charges and other expenses. Whether or not any court action is involved, all reasonable expenses, including but not limited to the costs of searching records, obtaining title reports, surveyor reports, title insurance, trustee fees, and other attorney fees, incurred by Lender that are necessary at any time in Lender's opinion for the protection of its interest or enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest from the date of expenditure until repaid at the interest rate as provided in the Note. The term "attorneys' fees" as used in the Loan Documents shall be deemed to mean such fees as are reasonable and are actually incurred. 25 01- 288814.04 Grand Island, NE