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200205500
<br />Justice or third parties relating to the ADA. Borrower hereby agrees to indcrnnily 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 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 Trost or in any other Loan Document, or if any action or
<br />proceeding is commenced which materiallN' affects Lender's interest in the Property, including, but not
<br />limited to, eminent domain. insolveaCv, enforcement of laws or regulations, or arrangements or proceedings
<br />i[rvolving a bankrupt or decadent, then Lender at Lender's option, may make such appearances, disburse
<br />such sums and take such action as is ncahssary to protect Lender's interest, including but not limited to,
<br />incurrence of attomevs' fees and entry upon the Pmperly to make repairs.
<br />Any amounts disbursed by Lender pursuant to this Paragraph 10, with Interest thereon, shall
<br />become additional indeble dress of Bm rower secured by this Deed of Trust. Unless Borrower and Lender
<br />agree to other terns of payment, such amounts shall be payable upon notice from Lender to Borrower
<br />requesting payment thereof, and shall bear intcrest from the date of disbursement at the rate of
<br />FOURTEEN AND ONE -IIALF PERCENT (1450%), unless payment of interest at such rate would be
<br />contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible
<br />under applicable law. Nothing contained in this Paragraph 10 shall require Lender to incur any expense or
<br />take any action hereunder.
<br />11. INSPECTION. Lender may make or cause to be made reasonable entries upon and
<br />inspections of tic 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 Poll ping
<br />representations and warranties to Lender, which representations and warranties shall remain in uffict
<br />throughout the term of [his Dccd of Trust, and shall survive and shall be unaffected by any investigations,
<br />inspections or inquiries made by Lcndcr, the recording of any of the Loan Documents, or the performance
<br />by Lender and Borrow or 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 fall power mid authority to
<br />own its properties, carry on this business as now being conducted, and to enter into, deliver
<br />and perform under this Deed of Trust,
<br />(b) Authorization_ The execution and delivery of this Deed of Trust and the
<br />satisfaction of Borrmver's obligations hcrcunder have been duly authorized by all
<br />necessary corporation action in accordance with the laws of the State of Nebraska. Each
<br />of 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 />tarns, except as such enforcement may be qualified or limited by bankruptcv, insolvency,
<br />or other similar laws alTccting creditors' rights in general
<br />(e) No Contravention: The execution, dcliverv, and performance of this Deed of
<br />Trust by Borrower will not, immediately or with the passage of lime, the giving of notice
<br />or otherwise, result m in the breach of or constitute a default under, or in anv manner
<br />release any partv thereto from, or accelerate ran obligations under, nn of the terms or
<br />provisions of ang 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 partv of by which it or its property is bound or affected, or anv,
<br />restriction to which it or its property is subjccl. (ii) tic creation a acceleration of anv 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 terns of Borrower's Articles of Incorporation
<br />and Bylaws.
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