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200503'788
<br />radioactive substance, or other similar term in the Comprehensive Environmental Response
<br />Compensation Act of 1980 ( "CERCLA "), as amended (42 USC 9601, et seq.), the Hazardous Materials
<br />Transportation Act, as amended, (49 USC 1801, et seq.), the Resource Conservation and Recovery Act
<br />( "RCRA "), as amended, (42 USC 6901, et seq.) the Clean Water Act, as amended, (33 USC 1251, et
<br />seq.), the Clean Air Act, as amended, (42 USC 7401, et seq.), the Toxic Substances Control Act, as
<br />amended, (15 USC 2601, et seq.) or in any other applicable federal, state or local environmental statute,
<br />regulation or ordinance now or hereafter in effect governing the Real Property it businesses, products or
<br />assets, with respect to discharges into the ground and surface water, emissions into ambient air and
<br />generation, control, accumulation, storage, treatment, transportation, removal, labeling, or disposal of
<br />waste materials or process by- products, the existence, cleanup, and/or remedy of contamination on
<br />property, the protection of the environment from soil, air or water pollution, or from spilled, deposited or
<br />otherwise emplaced contamination (the "Environmental Laws "). Grantor shall promptly comply with all
<br />statutes, regulations and ordinances which apply to Grantor or the Real Property and with all orders,
<br />decrees or judgments of governmental authorities or courts having jurisdiction or by which Grantor is
<br />bound, relating to the use, collection, storage, treatment, control, removal or cleanup of hazardous or
<br />toxic substances in, on or under the Real Property or in, on or under any adjacent property that becomes
<br />contaminated with hazardous or toxic substances as a result of construction, operations or other activities
<br />on, or the contamination of, the Real Property, at Grantor's expense. Beneficiary may, but is not
<br />obligated to, enter upon the Real Property and take such actions and incur such costs and expenses to
<br />effect such compliance as it deems advisable to protect its interest as Beneficiary; and whether or not
<br />Grantor has actual knowledge of the existence of hazardous or toxic substances in, on or under the Real
<br />Property or any adjacent property as of the date of this instrument, Grantor shall reimburse Beneficiary
<br />on demand for the full amount of all costs and expenses incurred by Beneficiary in connection with such
<br />compliance activities. Grantor agrees to indemnify and hold harmless Beneficiary, its officers, agents and
<br />employees from and against any and all loss, damage, expense (including without limitation reasonable
<br />attorneys fees and the cost of environmental consultants), liability, claims, suits, judgments, fines and
<br />penalties or liability associated with or related to the presence, use, manufacture, storage, dumping,
<br />discharge, disposal, cleanup or removal of hazardous materials or toxic waste affecting the Real
<br />Property; except any of the foregoing caused by the willful misconduct or gross negligence of
<br />Beneficiary, or its employees, agents and representatives. These covenants and agreements shall survive
<br />any foreclosure, release, discharge or satisfaction of this Deed of Trust or the indebtedness secured
<br />thereby; provided, however, that nothing contained herein shall be deemed to obligate Grantor with
<br />respect to any loss, damage, expense, liability, claims, suits, judgments, fines, or penalties arising out of
<br />the presence of asbestos, mold, hazardous materials or toxic waste affecting the Property to the extent
<br />such asbestos, mold, hazardous materials or toxic waste were not present on, at, around or under the
<br />Property as of the earlier of (i) payment in full of all amounts due under the Loan Documents; or (ii) the
<br />date Beneficiary or its agent, nominee or third party acquires title to the Property by foreclosure, deed -in-
<br />lieu of foreclosure or otherwise.
<br />42. Reserves. Upon occurrence of an Event of Default and thereafter until the Loan is fully paid
<br />and this Mortgage satisfied, Grantor shall pay to Beneficiary, together with and in addition to the monthly
<br />payments of principal and interest payable on the Note, on the date set forth in the Note for the making of
<br />monthly payments, until the Note is fully paid, a sum, as estimated by Beneficiary, equal to the taxes and
<br />special assessments next due on the Property, plus the premiums that will next become due and payable on
<br />insurance policies required by this Deed of Trust, divided by the number of months to elapse before the
<br />premiums, taxes and special assessments are due, such sums to be held by Beneficiary to pay said
<br />premiums, taxes and special assessments. Such payments ( "Reserves ") are to be held without allowance of
<br />interest to Grantor and need not be kept separate and apart from other funds of Beneficiary. Such Reserves
<br />shall be applied by Beneficiary to real estate taxes, special assessments and insurance premiums on the
<br />Mortgaged Property as the same become due and payable. Collection of the reserves are solely for the added
<br />protection of Beneficiary and entails no responsibility on the part of Beneficiary beyond allowance of due
<br />Doti- Nebraska -12/04 NC LGL 12 Symetra I oan No. SBOL1508
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