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<br />200609624
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<br />9. AMERICANS WITH DISABILITIES ACT. At its sole expense, Borrower shall cause the
<br />Property to be and remain in compliance with the Americans with Disabilities Act and all similar state
<br />and local laws, rules and regulations (hereafter "ADA") during the term hereof. If the Property is
<br />remodeled or altered while this Security Instrument is in effect, the Borrower shall have the work
<br />performed so that the Property continues to comply with the ADA. Borrower shall furnish to Lender, if
<br />requested, a written opinion from a licensed architect that the remodeling/alterations comply with the
<br />ADA. Borrower hereby warrants and represents to Lender that there are no pending or threatened claims
<br />by the Department of Justice or third parties relating to the ADA. Borrower hereby agrees to indemnify
<br />and hold harmless the Lender, its directors, officers, employees and agents, and any successor to Lender's
<br />interest, from and against any and all claims, damages, losses and liabilities arising in connection with
<br />the violation of the ADA. THE FOREGOING WARRANTIES AND REPRESENTATIONS, AND
<br />BORROWER'S OBLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL
<br />SURVIVE THE REPAYMENT OF THE NOTE AND THE RECONVEYANCE OF THIS SECURITY
<br />INSTRUMENT.
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<br />10. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants
<br />and agreements contained in this Security Instrument or in any other Loan Document, or if any action or
<br />proceeding is commenced which materially affects Lender's interest in the Property, including, but not
<br />limited to, eminent domain, insolvency, enforcement of laws or regulations, or arrangements or
<br />proceedings involving a bankrupt or decedent, then Lender at Lender's option, may make such
<br />appearances, disburse such sums and take such action as is necessary to protect Lender's interest,
<br />including, but not limited to, incurrence of attorneys' fees and entry upon the Property to make repairs.
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<br />Any amounts disbursed by Lender pursuant to this Paragraph 10, with Interest thereon, shall
<br />become additional indebtedness of Borrower secured by this Security Instrument. Unless Borrower and
<br />Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
<br />Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate of
<br />FOURTEEN PERCENT (14.00%), unless payment of interest at such rate would be contrary to
<br />applicable law, in which event such amounts shall bear interest at the highest rate permissible under
<br />applicable law. Nothing contained in this Paragraph 10 shall require Lender to incur any expense or take
<br />any action hereunder.
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<br />11. INSPECTION. Lender may make or cause to be made reasonable entries upon and
<br />inspections of the 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.
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<br />12. REPRESENTATIONS AND WARRANTIES OF BORROWER. In order to induce
<br />Lender to execute and deliver this Security Instrument and perform hereunder, Borrower makes the
<br />following representations and warranties to Lender, which representations and warranties shall remain in
<br />effect throughout the term of this Security Instrument, and shall survive and shall be unaffected by any
<br />investigations, inspections or inquiries made by Lender, the recording of any of the Loan Documents, or
<br />the performance by Lender and Borrower hereunder:
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<br />(a) OrlZanization: Borrower is duly organized, validly existing and in good
<br />standing as a limited liability. company under the laws of the State of Nebraska, is
<br />qualified, in good standing, and authorized to do business in each of the jurisdictions in
<br />which the nature of its activities or properties require such authorization, and has full
<br />power and authority to own its properties, carry on this business as now being conducted,
<br />and to enter into, deliver and perform under this Security Instrument.
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<br />(b) Authorization: The execution and delivery of this Security Instrument and
<br />the satisfaction of Borrower's obligations hereunder have been duly authorized by all
<br />necessary company action in accordance with the laws of the State of Nebraska. Each of
<br />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 />terms, except as such enforcement may be qualified or limited by bankruptcy,
<br />insolvency, or other similar laws affecting creditors' rights in general.
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<br />(c) No Contravention: The execution, delivery, and performance of this
<br />Security Instrument by Borrower will not, immediately or with the passage of time, the
<br />giving of notice or otherwise, result in (i) the breach of, or constitute a default under, or
<br />in any manner release any party thereto from, or accelerate any obligations under, any of
<br />the terms or provisions of any lease, security agreement, mortgage, note, indenture,
<br />security instrument, license, permit, contract, agreement, or other instrument or
<br />document of any kind or nature to which Borrower is a party of by which it or its
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