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200110903
<br />(e) Delivery of Policies. Grantor covenants that it has delivered to
<br />Beneficiary, and shall, from time to time as may be requested by Beneficiary, deliver to
<br />Beneficiary, the policies of insurance (or, if such policies are not yet available, unconditional
<br />binders to issue the same), or certificates thereof, that may be requested by Beneficiary to
<br />confirm that the insurance required under the terms of the Loan Documents is in place and in full
<br />force and effect.
<br />SECTION 3.06. Liens and Liabilities. (a) Discharge of Liens. Grantor will
<br />pay, bond or otherwise discharge, from time to time when the same shall become due, all claims
<br />and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in, or
<br />permit the creation of, a lien on the Premises that is not a Permitted Encumbrance..
<br />(b) Creation of Liens. Grantor will not, without Beneficiary's consent, create,
<br />place or permit to be created or placed or allow to remain, and shall discharge and release within
<br />10 days of the placing thereof, any deed of trust, mortgage, trust deed, voluntary or involuntary
<br />lien, security interest or other encumbrance against or covering the Premises, other than
<br />Permitted Encumbrances, whether or not subordinate hereto.
<br />(c) No Consent. Nothing in this Deed of Trust shall be deemed or construed
<br />in any way as constituting the consent or request by Beneficiary or Trustee, express or implied, to
<br />any contractor, subcontractor, laborer, mechanic or materialman for the performance of any labor
<br />or the furnishing of any material for any improvement, construction, alteration or repair of the
<br />Premises. Grantor further agrees that neither Beneficiary nor Trustee stands in any fiduciary
<br />relationship to Grantor.
<br />SECTION 3.07. Taxes and Other Charges. (a) Taxes on the Premises.
<br />Grantor will promptly pay when due and before any penalty or interest may be added thereto, all
<br />Impositions, as provided in Section 5.01(b) of the Credit Agreement. Grantor will also pay any
<br />penalty, interest or cost for non - payment of Impositions which may become due and payable.
<br />(b) Increased Costs. In the event of the enactment after the date hereof of any
<br />law in the state in which the Trust Property is located or any other governmental entity deducting
<br />from the value of the Trust Property for the purpose of taxation any lien or security interest
<br />thereon, or changing in any way the laws for the taxation of mortgages, deeds of trust or other
<br />liens or debts secured thereby, or the manner of collection of such taxes, so as to affect this Deed
<br />of Trust, the Secured Obligations, Trustee, Beneficiary or the holders of the Secured Obligations,
<br />then, and in such event, Grantor shall, on demand, pay to Trustee, Beneficiary or such holder, or
<br />reimburse Beneficiary, Trustee or such holder for payment of, all taxes, assessments, charges or
<br />liens for which Trustee, Beneficiary or such holder is or may be liable as a result thereof,
<br />provided that if any such payment or reimbursement shall be unlawful or would constitute usury
<br />or render the Secured Obligations wholly or partially usurious under applicable law, then
<br />Beneficiary may, at its option, declare the Secured Obligations immediately due and payable or
<br />require Grantor to pay or reimburse Beneficiary for payment of the lawful and non - usurious
<br />portion thereof.
<br />NYDOCS03/596673.1 9 HALL COUNTY, NEBRASKA
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