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<br />Loan No: 3370455
<br />
<br />MORTGAGE
<br />(Continued)
<br />
<br />200800171
<br />
<br />Page 2
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<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 (1) 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 (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, 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 shall not cause, 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 (including oil and gas). coal, clay, scoria, soil, gravel 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 reasonable 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, including 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. Lender may, at Lender's option, declare immediately due and payable all sums secured by this
<br />Mortgage upon the sale or transfer, witho.ut Lender's prior written consent, of all Qr any part oj 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 legal,
<br />beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract contract
<br />for deed, leasehold interest with a term greater than three (3) 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 (25%) 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 federal law or by Nebraska law.
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<br />TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage:
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<br />Payment. Grantor shall pay when due (and 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 due 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 jeopardized. 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 (15) 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 />that could 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 adverse 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 (15) days before any work is commenced, any services are
<br />furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on
<br />account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to
<br />Lender that Grantor can and will pay the cost of such improvements.
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<br />PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage:
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<br />Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage
<br />endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
<br />sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also
<br />procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being
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