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2001.0903 the Premises in a manner which would result in such use becoming a non - conforming use under applicable zoning ordinances, (ii) modify or amend any of the Permitted Encumbrances, (iii) impose any restrictive covenants or encumbrances upon the Premises (other than those covenants or encumbrances described in clause (g) of the definition of "Permitted Liens" in Section 1.01 of the Credit Agreement), execute or file any subdivision plat affecting the Premises or consent to the annexation of the Premises to any municipality or (iv) permit or suffer the Premises to be used by the public or any person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement. (c) Status of the Premises. (i) The Premises is not located in an area identified by the Secretary of Housing and Urban Development or a successor thereto as an area having special flood hazards pursuant to the terms of the National Flood Insurance Act of 1968, or the Flood Disaster Protection Act of 1973, as amended, or any successor law; or if the Premises is located in such an area, Grantor will obtain and maintain insurance against damage or loss by flood on such basis and in such amounts as shall be required by Beneficiary (subject to the maximum amount available under applicable law); (ii) the Premises is served by all utilities required for the current use thereof; (iii) to the knowledge of Grantor, all streets necessary to serve the Land and the Improvements for the current use thereof have been completed and are serviceable and have been dedicated or accepted by the appropriate governmental entities and Grantor has access from public roads to the Land and the Improvements and (iv) to the knowledge of Grantor, there is no condemnation or similar proceeding pending, or threatened, affecting any part of the Premises that might materially adversely affect the Premises or the use thereof. SECTION 3.05. Insurance. (a) Coverage. Grantor shall maintain (i) casualty insurance insuring the Improvements now or hereafter constituting a part of the Trust Property against damage by fire and the other hazards covered by a standard all -risk, extended coverage insurance policy for the full insurable value thereof (which, unless Beneficiary shall otherwise agree in writing, shall mean the full repair and replacement value thereof without reduction for depreciation or co- insurance), (ii) business interruption or rental insurance in an amount adequate to cover continuing expenses during any period of repairs or restoration which amount shall at least be equal to twelve month's anticipated gross income from the Premises, (iii) Commercial General Liability Insurance in respect of the operation of the Trust Property as required by the Loan Documents; and (iv) insurance against flood (including surface waters) if the Trust Property is located in an area identified by the Secretary of Housing and Urban Development or any other official having jurisdiction as having special flood hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 (as the foregoing may be modified or amended and any successor acts thereto), in an amount at least equal to the full repair and replacement value of the Trust Property or the maximum limit of coverage available under said Act in respect of the Improvements, whichever is less; Builder's Risk (at the time of construction on the Premises); sinkhole; earthquake; boiler and machinery; all in amounts adequate to cover repair and replacement expenses; and contingent liability in connection with any loss arising from the fact that any Improvement is deemed to be non - conforming property, which at the time are commonly insured against in the case of mortgaged property similarly situated, due regard being given to the NYDOCS031596673.1 7 HALL COUNTY, NEBRASKA