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<br />200708004
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<br />(b) there is no pollution or danger of pollution resulting from a condition which exists on the Premises which requires any
<br />corrective action under the Environmental Laws or which would result in any liability therefor;
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<br />(c) no notification has been filed with regard to a release of hazardous substances on, into, onto or from the Premises under
<br />the Environmental Laws;
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<br />(d) neither Trustor nor any prior owner or occupier of the Premises have received a summons, citation, Notice of Violation,
<br />Administrative Order, directive, letter or other communication, written or oral, from any governmental or quasi-
<br />governmental authority concerning any releases of or contaminations caused by hazardous substances or violation or
<br />alleged violation of any Environmental Laws;
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<br />(e) there are no underground storage tanks, visible asbestos, asbestos-containing materials, PCB's or UFFI located on, in,
<br />under or about the Premises;
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<br />(f) there have been no releases at, upon, under or within, and no past or ongoing migration from neighboring lands to the
<br />Premises of any hazardous substances;
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<br />(g) there is no radon gas infiltrating the Buildings in excess of current state and federal guidelines; and
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<br />(h).all warranties and representations given by Trustor, or any other party, are true, complete and correct as of the date hereof.
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<br />That Trustor agrees that any materials or other items found in, on, under or around the Premises which qualify as hazardous
<br />substances, or any otherwise deemed unacceptable by the Trustee, in its sole discretion shall be immediately removed from the Premises,
<br />at Trustor's sole cost and expense, in compliance with all applicable Environmental Law.
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<br />That Trustor shall, in addition to those notifications required elsewhere in this Trust Deed, notify Trustee of:
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<br />(a) the presence of any visible asbestos or asbestos-containing materials, PCB's (except as shown on the Environmental
<br />Certificate), radon gas beyond acceptable limits, or urea formaldehyde foam insulation at, in, on, under, onto or from
<br />the Premises, and
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<br />(b) the receipt by Trustor of any notice or other communication from any governmental entity or authority or from any
<br />tenants or other occupant or from any other person or source with respect to any alleged or actual release, contamination
<br />or other event involving a hazardous substance on, in, under, onto, or from the Premises, and
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<br />(c) shall promptly send Trustee copies of all results of tests of underground storage tanks at the Premises.
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<br />14. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument
<br />executed and aclrnowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and
<br />by otherwise complying with the provisions of the applicable laws of the state of Nebraska, substitute a successor or successors to the
<br />Trustee named herein or acting hereunder.
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<br />15. INSPECTIONS. Beneficiary, or its agents, representatives, or employees, are authorized to enter at any reasonable
<br />time and in accordance with the terms of existing leases and the Nebraska Landlord Tenant Act upon or in any part of the Property for the
<br />purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perfonn under the terms of the Trust
<br />Deed.
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<br />16. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hereunder,
<br />Beneficiary shall have the option to foreclose this Trust Deed in the manner provided by law for the foreclosure of trust deeds on real
<br />property.
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<br />17. FORBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forbearance by Beneficiary or
<br />Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the
<br />exercise of any such right or remedy. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall
<br />not be deemed to be a waiver of any other or similar defaults subsequently occurring.
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<br />18. BENEFICIARY'S POWERS. Without affecting or releasing the liability of the Trustor or any other person liable for
<br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the
<br />Property. Beneficiary may, from time to time and without notice at the request of one or more Trustors, (i) release any person liable, (ii)
<br />extend or renew the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or
<br />cause to be released or reconveyed, at any time at Beneficiary's option any parcel or all of the Property, (v) take or release any other or
<br />additional security for any obligation herein mentioned, (vi) make settlements or other arrangements with Trustor in relation thereto. All
<br />Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or anyone or more Trustor as stated in this
<br />paragraph.
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<br />19. ATTORNEY FEES, COSTS, AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of
<br />attorneys' fees, costs, and expenses as provided in this Trust Deed, except as otherwise prohibited by law.
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<br />20. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustee's
<br />fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then
<br />held hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in
<br />any reconveyance may be described as "the person or persons legally entitled thereto."
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<br />21. NOTICES. Except for notices, demands, requests, or other communications required under applicable law to be given
<br />in another manner, whenever Beneficiary, Trustor or Trustee gives or serves any notice (including, without limitation, notice of default
<br />and notice of sale), demands, requests, or other communication with respect to this Trust Deed, each such notice, demand, request, or
<br />other communication shall be in writing and shall be effective only if the same is delivered by personal service or is mailed by certified
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