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<br />SEP/26/200B/FRI 03: 10 PM HARDING & SCHULTZ
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<br />FAX No. 402 434 3030
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<br />P. 002
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<br />200808234
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<br />SECTION 2.05. Compliance with Le,gal and hlsurance Requirements. (a) Trustor
<br />represents and warrants that (i) as of the date hereof, the Premises and the use and operation thereof
<br />comply in all material respects with all Legal Requirements (as defined below), Insurallce
<br />Requirements (as defined below) and contractual obligations; (ii) there is no material default under
<br />any Legal Requirement, Insurance Requirement and Contractual Obligation; and (iii) the execution,
<br />delivery and performance; ofthis Deed of Trust does not require any consent the failure of which to
<br />obtain would contravene any provision of and constitute a material default under, any Legal
<br />Requirement, Insurance Requirement or Contractnal Obligation. Notwithstanding the limitations set
<br />forth in the preceding sentence, Trustor represents and warrants that as of the date hereof, the
<br />Premises and the use thereof comply with all Envi:rorunental Laws and that Trustor has complied and
<br />shall comply with all Environmental Laws. '
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<br />(b) Subject to Section 2.06 and Section 2.09, Trostor shall promptlyperfom anSi
<br />observe, or cause to be performed and ob~erved and cause the Premises to comply with, if the failure
<br />to 80 perfonn and observe would have a Material Adverse Effect, (i) all laws, rules, regulationB,
<br />judgments, orders, permits, licenses, authorizations and other requirements of and agreements with
<br />all governments, department agencies, courts and officials, which now Or hereafter shall be
<br />applicable to the Mortgaged Property or any part thereof or any use or condition thereof including,
<br />without limitation, all Environmental Laws (herein collectively called the ilLegal Requirements");
<br />(ii) all tenns of any insurance policy covering or applicable to the Mortgaged Property Or any part
<br />thereof as required by the Credit Agreement, all requirements of the issuer of any such policy, and
<br />all orders, rules, regulations and other requirements ofllie National Board of Fire UndelWriters (or
<br />any o~er body e=<:ercising .similar functions) appUcable to the Mortgaged Property or any part
<br />thereof or any use or condition thereof (herein collectively called the "Insurance Reguirements");
<br />and (iii) all Permits required for any construction. reconstruction, repait, alteration, addition,
<br />improvement, maintenance, 'Use and operation of the Premises.
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<br />(c) '!"rostor shall promptly notify Bene:5ciary of the receipt by Trustor of any
<br />notice of failure to comply with, if the failure to so perfonn and observe would have a Material
<br />Adverse Effect, any Legal Requirement~ Insurance Requirement, Contractual Obligation. Permitted
<br />Lien or Permit Or of the receipt by Trustor of any notice of any threatened or actual tennination of
<br />any Peanit or Insurance P~licy and furnish to Beneficiary a copy of such notice of default or
<br />termination.
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<br />SECTION 2.06. Imyound and Security Account Upon the oCCUlTence afan Event of
<br />Default, at Beneficiary's option and upon its demand and except where and to the degree prohibited
<br />by law, Tmstor shall, until all Obligations have been paid in full, pay to Beneficiary each month an
<br />amount estimated by Beneficiary to be equal to (i) the Impositions, (ii) all payments and premiums
<br />with respect to the Insurance Requirements, and (Hi) any payments required under Pennitted Liens.
<br />Estimated payments ofImpositions, Insurance Requirements and Permitted Lien payments shall be
<br />calculated by dividing the amount next due by, in each instance, the number of months to lapse
<br />preceding the month in which the same, respectively, will become due, All sums so paid shall not
<br />bear interest, except to the extent and in the minimum amount required by law, and Beneficiary
<br />shall, unless Trustor is otherwise in defaul t hereunder or under any obligation secured hereby, apply
<br />said funds to the payment ot or at the sole option of Beneficiary release said funds to Trustor for
<br />application to and payment of, such Impositions, Insurance Requirements and Permitted Lien
<br />payments. However, upon the occurrence of an Event of Default by Trustor hereunder or under any
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