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A
<br />000111:8
<br />equipment located therein, such as small amounts of ordinary office supplies, pesticides,
<br />insecticides or cleaning supplies used in Lessee's operation of the Leased Premises,
<br />which substances shall be stored and used in accordance with applicable laws and
<br />regulations and used in a prudent manner. As used herein, the term "hazardous waste or
<br />materials" includes any substance, waste or material defined or designated as hazardous,
<br />toxic or danger (or any similar term) by any federal, state or local statute, regulation, rule
<br />or ordinance now or hereafter in effect including, without limitation, petroleum products
<br />and by- products, asbestos, polychlorinated biphenyls, chlorinated solvents, and urea
<br />formaldehyde. Lessee shall indemnify and hold harmless Lessor and Lender against any
<br />and all losses, liabilities, suits, obligations, fines, damages, judgments, penalties, claims,
<br />charges, cleanup costs, remedial actions, costs and expenses (including, without
<br />limitation, attorneys' fees and disbursements) which may be imposed on, incurred or paid
<br />by, or asserted against Lessor and/or Lender directly or indirectly arising from or
<br />attributable to any misrepresentation or breach of any warranty, covenant or agreement
<br />by Lessee under this section. The provisions of this section shall survive expiration or
<br />termination of the Lease.
<br />XIV. Lessee hereby agrees that if Lender elects at any time to have the Lease superior
<br />to its Deed of Trust and gives notice of its election to Lessee, then the Lease shall be superior to
<br />the lien of any such and all renewals, modifications, extensions, substitutions, replacements
<br />and/or consolidations thereof, whether the Lease is dated or recorded before or after the Deed of
<br />Trust. If Lender shall become the owner of the Leased Premises, or if the Leased Premises shall
<br />be sold by reason of foreclosure or other proceedings brought to enforce the Deed of Trust, or if
<br />the Leased Premises shall be transferred by deed in lieu of foreclosure, then at Lender's sole
<br />option (i) the Lease shall continue in full force and effect as a direct lease agreement between
<br />Lessee and the then owner of the Leased Premises (including Lender or the grantee under any
<br />deed given as a result of any foreclosure or in lieu of foreclosure), upon and subject to all of the
<br />terms, covenants and conditions of the Lease for the balance of the term thereof remaining and
<br />any extensions or renewals thereof which may be effected in accordance with any option therefor
<br />in the Lease, and (ii) Lessee shall attorn to Lender or any other such owner as its Lessor, said
<br />attornment to be effective and self - operative without the execution of any further instruments.
<br />From and after Lender's or other such owner's succession to the interest of Lessor under the
<br />Lease, Lessee shall have the same remedies against Lender or such other owner for the breach of
<br />any covenant contained in the Lease that Lessee might have had under the Lease against Lessor,
<br />except that neither Lender nor any other such owner shall be:
<br />(a) liable for any act or omission of, or for the performance of any obligation
<br />of, any prior lessor (including Lessor), including without limitation any
<br />obligation to repair, restore or expand any part of the Leased Premises; or
<br />(b) subject to any offsets or defenses which Lessee might have against any
<br />prior lessor (including Lessor); or
<br />(c) bound by any prepayment of rent or additional rent which Lessee might
<br />have paid for more than the current month or by payment of any security
<br />deposits to any prior lessor (including Lessor), except such security
<br />deposits as have actually been received by Lender; or
<br />01- 289042.3A
<br />Grand Island, NE 5
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