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200305038 expenses of any remedial action, attorney and consultant fees, investigation and laboratory fees, court costs, and litigation expenses, provided that any claims arising out of the willful misconduct or gross negligence of any Indemnified Person or act of any Indemnified Person after taking possession of or title to the Property shall be excluded from the foregoing indemnification of such Indemnified Person. Any amounts payable to the Beneficiary by reason of the application of this Section 4.02 shall be secured by this Deed of Trust and shall become immediately due and payable and shall bear interest at the Interest Rate from the date loss or damage is sustained by the Beneficiary until paid. The obligations and liabilities of the Grantor under this Section 4.02 shall survive any termination, satisfaction, assignment, entry of a judgment of foreclosure or delivery of a deed in lieu of foreclosure of this Deed of Trust. (b) The indemnifications set forth in clauses (v), (vi), (vii) and (viii) of paragraph (a) of this Section shall survive repayment of the Secured Obligations and termination of this Deed of Trust and the Credit Agreement or the foreclosure or transfer in lieu of foreclosure of the Trust Property, notwithstanding anything to the contrary contained in any of the Financing Documents. Section 4.03. Interest. If any Secured Obligation arising hereunder (including, to the extent permitted under applicable law, any interest obligation) shall not be paid when due, such Secured Obligation shall bear interest at the Interest Rate commencing from such due date through the date paid, provided that if such Secured Obligation arises at a time when the Grantor is not in Default or an Event of Default has not occurred, such Secured Obligation shall bear interest at the Interest Rate from the date any invoice or statement is received by the Grantor. Such interest shall be part of the Secured Obligations and shall be secured by this Deed of Trust. Section 4.04. Increased Costs. In the event of the enactment after the date hereof of any applicable law deducting from the value of the Property for the purpose of taxation of any Lien thereon or changing in any way the applicable law for the taxation of mortgages, deeds of trust or other Liens or obligations secured thereby, or the manner of collection of such taxes, so as to affect this Deed of Trust, the Secured Obligations, the Beneficiary or any other Secured Party, upon demand by the Beneficiary, to the extent permitted under applicable law, the Grantor shall pay or reimburse the Beneficiary or such Secured Party, as the case may be, for all taxes, assessments or other charges which the Beneficiary or such Secured Party is obligated to pay as a result thereof. ARTICLE 5 DEFAULTS, REMEDIES AND RIGHTS Section 5.01. Events Of Default. (a) An Event of Default shall constitute an Event of Default hereunder, provided that, the grace period referred to in Section 6.01(m) of the Credit Agreement shall be 30 days with respect to any 26 (N1) 04675/ 120 /REAUNEBRASKA/fotm.dot.NE.doc