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<br />Loan No: 9003
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<br />MORTGAGE
<br />(Continued)
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<br />200706586
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<br />Page 2
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<br />Environmental Laws, Ibi any use, generation, manufacture, storage, treatment, disposal, releose or threatened release of ony
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Icl any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and 13) Except as previously disclosed to and
<br />acknowledged by Lender in writing, lal neither Grantor nor any tenant. contractor, ogent or other outhorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and Ib) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Mortgage. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and
<br />warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor
<br />hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for
<br />cleanup or other costs under any such laws; and 12) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penolties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend. shall survive
<br />the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by
<br />Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
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<br />Nuisance, Waste. Grantor sholl not C,luse, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to
<br />any other party the right to remove, any timber, minerals lincluding oil and gas). coal, clay, scoria, soil, wavel or rock products
<br />without Lender's prior written consent.
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<br />Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
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<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonal)le times to
<br />attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of
<br />this Mortgage.
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<br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or
<br />hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the
<br />Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance
<br />during any proceeding, includin(] appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long
<br />as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate
<br />security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest.
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<br />Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to
<br />those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and
<br />preserve the Property.
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<br />DUE ON SALE - CONSENT BY LENDER. Len(jer may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the
<br />Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether leqill,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
<br />for deed, leilsehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer of any
<br />beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
<br />Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
<br />than twenty.five percent 125 %) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
<br />Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federallilw or by Nebraska law.
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<br />TAXES AND LIENS. The following provisions relating to the taxes ilnd liens on the Property are part of this Mortgage:
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<br />Payment. Grantor shall pay when due land in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments,
<br />water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work
<br />done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having
<br />priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender,
<br />and except for the lien of taxes and assessments not (jue as further specified in the Right to Contest paragraph,
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<br />Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the
<br />obligation to pay, so long as Lender's interest in the Property is not jeopardizC(J. If a lien arises or is filed as a result of nonpayment,
<br />Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (151 days after Grantor has notice of the
<br />filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
<br />other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges
<br />thilt cOlJld accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall
<br />satisfy any ildverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any
<br />surety bond furnished in the contest proceedings.
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<br />Evidence of Payment, Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and
<br />shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments
<br />against the Property.
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<br />Notice of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any services are
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