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200408871
<br />(4) Neither Borrower nor, to the best of Borrower's knowledge and belief, any other
<br />person (including but not limited to prior owners, occupants and tenants) has received any notice
<br />or advice of any Enforcement Action.
<br />(5) Borrower will keep the Property and any other real property owned, occupied or
<br />operated by Borrower free of any Contaminants and in compliance with applicable Environmental
<br />Laws.
<br />(6) Borrower will not use the Property or any other real property owned, operated or
<br />occupied by Borrower for the manufacture, placement, generation, storage, location or disposal of
<br />any Contaminants nor permit the Property or any other property owned, occupied or operated by it
<br />to be used in such a manner, except in compliance with applicable Environmental Laws.
<br />(7) Borrower shall not cause or permit to exist as a result of any intentional or
<br />unintentional action or omission on its part or for which it is responsible under applicable
<br />Environmental Laws a Release of any Contaminant unless and to the extent such Release is made
<br />pursuant to and in compliance with the conditions of a permit issued by all appropriate federal
<br />and/or state governmental authorities.
<br />(8) In the event of any Release of a Contaminant onto the Property or onto any other
<br />property owned, occupied or leased by Borrower or for which Borrower is otherwise responsible
<br />under applicable Environmental Laws, it shall promptly notify Lender and remediate such Release
<br />in accordance with all Environmental Laws of appropriate governmental entities and authorities
<br />having jurisdiction.
<br />22. REMEDIES CUMULATIVE. Each remedy herein provided shall not be exclusive of any other
<br />remedy herein or now or hereafter existing by law, and may be exercised concurrently, independently or
<br />successively in any order whatsoever. Every power or remedy hereby given to Borrower or to Lender, or to which
<br />either of them may be otherwise entitled, may be exercised from time to time and as often as may be deemed
<br />expedient by them, and either of them may pursue inconsistent remedies. If Lender holds any additional security for
<br />any obligation secured hereby, Lender may enforce the sale thereof, at Lender's option, either before,
<br />contemporaneously with, or after the sale is made hereunder, and on any uncured default of Borrower, Lender may,
<br />at its option, offset against any indebtedness owed hereunder to it by Borrower the whole or any part of any
<br />indebtedness owing by it to Borrower, and the Lender is hereby authorized and empowered at its option, without any
<br />further obligation to do, and without affecting the obligations hereof, to apply towards the payment of any
<br />indebtedness secured hereby of the Borrower to the Lender, any and all sums of money belonging to Borrower
<br />which the Lender may have in its possession or under its control, including, without limiting the generality of the
<br />foregoing, any unapplied Funds held by Lender. No offset by Lender hereunder shall relieve Borrower from paying
<br />installments on the obligation secured hereby as they become due.
<br />23. NOTICE. Except for any notice required under applicable law to be given in another manner, all
<br />notices and other communications required or permitted under this Instrument shall be in writing and shall be
<br />personally delivered or sent by registered or certified mail, return receipt requested, or sent by overnight courier
<br />service, and, if mailed, shall be deemed received on the earlier of the day on which such notice is actually received
<br />by the party to whom it is addressed or the third business day after deposit in the mail in the continental United
<br />States, postage prepaid, addressed to the party to receive such notice at the address set forth below, and if sent by
<br />overnight courier shall be deemed received on the day on which such notice is actually received by the party to
<br />whom it is addressed or the date delivery is refused, either as indicated in the records of such courier service. Notice
<br />of change of address shall be given by written notice in the manner set forth in this paragraph.
<br />Notice to Borrower shall be addressed to: BNS Property III, L.L.C.
<br />C/O Jack and Leon Shrago
<br />10727 M Street
<br />Omaha, Nebraska 68127
<br />Notice to Lender shall be addressed to: First National Bank of Omaha
<br />156698 -1 - 15-
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