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200400766
<br />Property continues to comply with the ADA. Borrower shall furnish to Lender, if requested, a written
<br />opinion from a licensed architect that the remodeling/alterations comply with the ADA. Borrower hereby
<br />warrants and represents to Lender that there are no pending or threatened claims by the Department of
<br />Justice or third parties relating to the ADA. Borrower hereby agrees to indemnify and hold harmless the
<br />Lender, its directors, officers, employees and agents, and any successor to Lender's interest, from and
<br />against any and all claims, damages, losses and liabilities arising in connection with the violation of the
<br />ADA. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND BORROWER'S
<br />OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE THE
<br />REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS SECURITY INSTRUMENT.
<br />10. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants
<br />and agreements contained in this Security Instrument or in any other Loan Document, or if any action or
<br />proceeding is commenced which materially affects Lender's interest in the Property, including, but not
<br />limited to, eminent domain, insolvency, enforcement of laws or regulations, or arrangements or proceedings
<br />involving a bankrupt or decedent, then Lender at Lender's option, may make such appearances, disburse
<br />such sums and take such action as is necessary to protect Lender's interest, including, but not limited to,
<br />incurrence of attorneys' fees and entry upon the Property to make repairs.
<br />Any amounts disbursed by Lender pursuant to this Paragraph 10, with Interest thereon, shall
<br />become additional indebtedness of Borrower secured by this Security Instrument. Unless Borrower and
<br />Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
<br />Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate of
<br />TWELVE PERCENT (12.00 %), unless payment of interest at such rate would be contrary to applicable
<br />law, in which event such amounts shall bear interest at the highest rate permissible under applicable law.
<br />Nothing contained in this Paragraph 10 shall require Lender to incur any expense or take any action
<br />hereunder.
<br />11. INSPECTION. Lender may make or cause to be made reasonable entries upon and
<br />inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection
<br />specifying reasonable cause thereof related to Lender's interest in the Property.
<br />12. REPRESENTATIONS AND WARRANTIES OF BORROWER. In order to induce
<br />Lender to execute and deliver this Security Instrument and perform hereunder, Borrower makes the
<br />following representations and warranties to Lender, which representations and warranties shall remain in
<br />effect throughout the term of this Security Instrument, and shall survive and shall be unaffected by any
<br />investigations, inspections or inquiries made by Lender, the recording of any of the Loan Documents, or the
<br />performance by Lender and Borrower hereunder:
<br />(a) Organization: Borrower is duly organized, validly existing and in good
<br />standing as a limited liability company under the laws of the State of Nebraska, is
<br />qualified, in good standing, and authorized to do business in each of the jurisdictions in
<br />which the nature of its activities or properties require such authorization, and has full
<br />power and authority to own its properties, carry on this business as now being conducted,
<br />and to enter into, deliver and perform under this Security Instrument.
<br />(b) Authorization: The execution and delivery of this Security Instrument and the
<br />satisfaction of Borrower's obligations hereunder have been duly authorized by all
<br />necessary company action in accordance with the laws of the State of Nebraska. Each of
<br />the Loan Documents, upon execution and delivery to Lender, constitutes a legally valid
<br />and binding agreement of Borrower, enforceable against Borrower in accordance with its
<br />terms, except as such enforcement may be qualified or limited by bankruptcy, insolvency,
<br />or other similar laws affecting creditors' rights in general.
<br />(c) No Contravention: The execution, delivery, and performance of this Security
<br />Instrument by Borrower will not, immediately or with the passage of time, the giving of
<br />notice or otherwise, result in (i) the breach of, or constitute a default under, or in any
<br />manner release any party thereto from, or accelerate any obligations under, any of the
<br />terms or provisions of any lease, security agreement, mortgage, note, indenture, security
<br />instrument, license, permit, contract, agreement, or other instrument or document of any
<br />kind or nature to which Borrower is a parry of by which it or its property is bound or
<br />affected, or any restriction to which it or its property is subject, (ii) the creation or
<br />acceleration of any lien or encumbrance on the property of Borrower, (iii) a, violation of
<br />any order, writ, injunction, or decree by which Borrower is bound of any court,
<br />administrative agency, or governmental body, or (iv) the breach of the terms of Borrower's
<br />Articles of Organization and Operating Agreement.
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