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200313159
<br />in Section 9.2 hereof prove to be false, inaccurate or misleading; (b) Trustor shall fail to comply
<br />with the covenants contained in Section 9.3 hereof; (c) any Hazardous Materials or Wastes are
<br />hereafter found to exist on the Premises or in its soil or groundwater; or (d) any summons,
<br />citation, directive, letter or other communication, written or oral, shall be issued by any local,
<br />state or federal governmental agency concerning the matters described in Section 9.2(e)(i) and
<br />(ii) above. Trustor hereby grants Beneficiary and its employees and agents an irrevocable and
<br />non - exclusive license to enter the Premises, subject to rights of tenants, in order to inspect,
<br />conduct testing and remove Hazardous Materials or Wastes. All costs of such inspection, testing
<br />and removal shall immediately become due and payable to Beneficiary, shall be secured by this
<br />Deed of Trust and shall constitute additional Indebtedness.
<br />SECTION 9.5 Indemnification.
<br />Trustor hereby agrees to defend, indemnify and hold harmless Beneficiary, its directors,
<br />officers, employees, agents, contractors, subcontractors, licensees, invitees, successors and
<br />assigns ( "Indemnified Parties ") from and against any and all claims, losses, damages, liabilities,
<br />judgments, costs and expenses (including, without limitation, attorneys' fees and costs incurred
<br />in the investigation, defense and settlement of claims or remediation of contamination) incurred
<br />by the Indemnified Parties as a result of or in connection with the presence or removal of
<br />Hazardous Materials or Wastes or as a result of or in connection with activities prohibited under
<br />this Article. Trustor shall bear, pay and discharge, as and when the same become due and,
<br />payable, any and all such judgments or claims for damages, penalties or otherwise, against the
<br />Indemnified Parties, shall hold the Indemnified Parties harmless against all claims, losses,
<br />damages, liabilities, costs and expenses, and shall assume the burden and expense of defending
<br />all suits, administrative proceedings, and negotiations of any description with any and all
<br />persons, political subdivisions or government agencies arising out of any of the occurrences set
<br />forth in this Article. This indemnification shall remain in full force and effect and shall survive
<br />the repayment of the Indebtedness and the satisfaction of the documents securing the same, as
<br />well as the exercise of any remedy by Beneficiary hereunder or under the other Loan Documents,
<br />including a Foreclosure of this Deed of Trust or the acceptance of a deed in lieu of Foreclosure.
<br />ARTICLE 10.
<br />MISCELLANEOUS
<br />SECTION 10.1 Release of Deed of Trust.
<br />Upon payment of all Indebtedness secured by this Deed of Trust, Beneficiary shall
<br />request Trustee to reconvey the Premises and shall surrender this Deed of Trust and all notes
<br />evidencing Indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the
<br />Premises without warranty and without charge to the person or persons legally entitled thereto.
<br />Such person or persons shall pay all costs of recordation, if any.
<br />SECTION 10.2 Choice of Law.
<br />This Deed of Trust is made and executed under the laws of the State of Nebraska and is
<br />intended to be governed by the laws of said State.
<br />15311/53;09/30/03 -26-
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