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200402041
<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 DEED OF TRUST.
<br />10. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants
<br />and agreements contained in this Deed of Trust 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 Deed of Trust. Unless Borrower and Lender
<br />agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower
<br />requesting payment thereof, and shall bear interest from the date of disbursement at the rate TWELVE
<br />AND ONE FOURTH PERCENT (12.25 %), unless payment of interest at such rate would be contrary to
<br />applicable law, in which event such amounts shall bear interest at the highest rate permissible under
<br />applicable law. Nothing contained in this Paragraph 10 shall require Lender to incur any expense or take
<br />any action 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 Deed of Trust and perform hereunder, Borrower makes the following
<br />representations and warranties to Lender, which representations and warranties shall remain in effect
<br />throughout the term of this Deed of Trust, and shall survive and shall be unaffected by any investigations,
<br />inspections or inquiries made by Lender, the recording of any of the Loan Documents, or the performance
<br />by Lender and Borrower hereunder:
<br />(a) Organization: Borrower is duly organized, validly existing and in good
<br />standing as a corporation under the laws of the State of Nebraska, is qualified, in good
<br />standing, and authorized to do business in each of the jurisdictions in which the nature of
<br />its activities or properties require such authorization, and has full power and authority to
<br />own its properties, carry on these businesses as now being conducted, and to enter into,
<br />deliver and perform under this Deed of Trust.
<br />(b) Authorization: The execution and delivery of this Deed of Trust and the
<br />satisfaction of Borrower's obligations hereunder have been duly authorized by all
<br />necessary corporate 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 Deed of
<br />Trust by Borrower will not, immediately or with the passage of time, the giving of notice
<br />or otherwise, result in (i) the breach of, or constitute a default under, or in any manner
<br />release any party thereto from, or accelerate any obligations under, any of the terms or
<br />provisions of any lease, security agreement, mortgage, note, indenture, deed of trust,
<br />license, permit, contract, agreement, or other instrument or document of any kind or nature
<br />to which Borrower is a party of by which it or its property is bound or affected, or any
<br />restriction to which it or its property is subject, (ii) the creation or acceleration of any lien
<br />or encumbrance on the property of Borrower, (iii) a violation of any order, writ, injunction,
<br />or decree by which Borrower is bound of any court, administrative agency, or
<br />governmental body, or (iv) the breach of the terms of Borrowers' Articles of Incorporation
<br />and Bylaws.
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