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<br />loan No: 1
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<br />MORTGAGE
<br />(Continued)
<br />
<br />200802130
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<br />Page 2
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<br />Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
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<br />Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
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<br />Complianca With Environmantal laws. Grantor represents and warrants to lender that: (1) During the period of Grantor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized 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 (b) 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 (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, 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 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
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