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<br />08.06.2008
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<br />200807161
<br />
<br />File No. 16-471
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<br />governmental authorities of all relevant facts, conditions and circumstances, if any,
<br />pertaining to the Mortgaged Property. If any such investigation or inquiry is
<br />subsequently initiated, Trustor will promptly notify Beneficiary;
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<br />(iii) that Trustor has not obtained and is not required to obtain any permits,
<br />licenses or similar authorizations to construct, occupy, operate or use any buildings,
<br />improvements, fixtures and equipment forming a part of the Mortgaged Property by
<br />reason of any Applicable Environmental Laws;
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<br />(iv) that Trustor has taken all steps to determine and has determined to its
<br />reasonable satisfaction that no hazardous substances or solid wastes have been
<br />disposed of or otherwise released on or about the Mortgaged Property;
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<br />(v) that the Mortgaged Property does not contain asbestos,
<br />ureaformaldehyde foam insulation or any other chemical, material or substance
<br />exposure to which mayor could pose a health hazard, whether or not the substance is
<br />prohibited, limited or regulated by any governmental authority;
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<br />(vi) that the use which Trustor makes and intends to make of the Mortgaged
<br />Property will not result in the manufacturing, treatment, refining, transportation,
<br />generation, storage, disposal or other release or presence of any hazardous substance
<br />or solid waste on or to the Mortgaged Property. For purposes of this Section 1.25, the
<br />terms "hazardous substance" and "release" shall have the meanings specified in
<br />CERCLA, and the terms "solid waste" and "disposal" (or "disposed") shall have the
<br />meanings specified in RCRA; provided, in the event either CERCLA or RCRA is
<br />amended so as to broaden the meaning of any term defined thereby, such broader
<br />meaning shall apply subsequent to the effective date of such amendment, and provided,
<br />further, to the extent that the laws of the state where the Property is located establish a
<br />meaning for "hazardous substance," "release," "solid waste" or "disposal" which is
<br />broader than that specified in either CERCLA or RCRA, such broader meaning shall
<br />apply;
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<br />(vii) Trustor agrees to promptly notify Beneficiary of any violation or alleged
<br />violation of any Applicable Environmental Laws of which Trustor becomes aware; and
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<br />(viii) Trustor agrees to indemnify and hold harmless Beneficiary from and
<br />against any and all liabilities, damages, claims, losses, judgments, causes of action,
<br />costs and expenses (including the reasonable fees and expenses of counsel) which may
<br />be incurred by Beneficiary relating to or arising out of the generation, storage,
<br />manufacturing, refining, releasing, transportation, treatment, disposal or other presence
<br />of hazardous substances on or about the Mortgaged Property occurring prior to the
<br />reconveyance of the Mortgaged Property, conveyance in lieu of foreclosure or the
<br />completion of foreclosure proceedings and termination of possession by Trustor.
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<br />Section 1.26. Organization: Due Authorization. Trustor is a Limited Liability
<br />Company, duly organized, validly existing and in good standing under the laws of the State of
<br />Nebraska and has the requisite power, authority and legal right to carryon the business
<br />conducted by it and to engage in the transactions contemplated by the Loan Documents to
<br />which it is a party. The execution and delivery of the Loan Documents to which it is a party and
<br />the performance and observance of the provisions thereof have all been authorized by all
<br />necessary actions of Trustor.
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<br />Section 1.27. Liabilities: Compliance with Other Instruments. Trustor has no
<br />liabilities except hereunder and those incurred in the ordinary course of business and which are
<br />not delinquent or which are otherwise contemplated or permitted by this Deed of Trust and the
<br />other Loan Documents to which it is a party. Trustor is not in default (i) in the' payment of any
<br />taxes levied or assessed against it or its assets, (ii) under any applicable statute, rule, order or
<br />regulation of any governmental authority, (iii) under this Deed of Trust or any of the other Loan
<br />Documents to which it is a party or (iv) under any other agreement to which it is a party or by
<br />which it or any of its properties are bound.
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<br />Neither the execution and delivery of this Deed of Trust or any of the other Loan
<br />Documents to which Trustor is a party, nor the consummation of the transaction herein or
<br />therein contemplated, nor compliance with the terms and provisions hereof or thereof, conflicts
<br />with or results or will result in a breach of any of the terms, conditions or provisions of the
<br />Articles of Organization or the Operating Agreement of Trustor, any law, order, rule, regulation,
<br />writ, injunction or decree of any court or governmental authority, or any agreement or instrument
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<br />Deed of Trust, Security Agreement and Assignment of Rents, Page 11
<br />#553480-v1
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