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<br />200809579
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<br />Compliance With Environmental Laws, Grantor represents and warrants to Lender that: (I) during the
<br />period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage,
<br />treatment, disposal, release or ahreatened release of any Hazardous Substance by any person on, under,
<br />about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
<br />except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of
<br />any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
<br />threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
<br />or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person
<br />relating to such matters; and (3) except as previously disclosed to and acknowledged by Lender in writing,
<br />(a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use,
<br />generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from
<br />the Property; and (b) any such activity shall be conducted in compliance with all applicable federal. state,
<br />and local laws, regulations and ordinances, including wiahout limitation all Environmental Laws. Grantor
<br />authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's
<br />expense, as Lender may deem appropriate to detennine compliance of the Property with this section of the
<br />Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not
<br />be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person.
<br />The representations and wananties contained herein arc based on Grantor's due diligence in investigating
<br />the Property for Hazardous Substances. Grantor hereby (l) releases and waives any future claims against
<br />Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under
<br />any such laws; and (2) agrees to indemnifY and hold hannless Lender against any and all claims. losses,
<br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer
<br />resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation,
<br />manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or
<br />interest in the Property, whether or not the same was or should have been known to Grantor. The provisions
<br />ofthis section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the
<br />Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition ofany interest in the Property, whether by foreclosure or otherwise.
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<br />Nuisance. Waste. Grantor shall not cause, conduct or penn it any nuisance nor commit, permit, or suffer
<br />any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
<br />generality of the foregoing, Grantor will not remove, or grant to any other pany the right to remove, any
<br />timber, minerals (inclUding oil and gas) coal, clay, scoria, soil, gravel or rock products without Lender's
<br />prior written consent. This restriction will not apply to rights and easements (such as gas and oil) not owned
<br />by Grantor and of which Grantor has informed Lender in writing prior to Grantor's signing of this Deed of
<br />Trust.
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<br />Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Property
<br />without Lender's prior wrinen consent. As a condition to the removal of any Improvements, Lender may
<br />require Grantor to make arrangements satisfactory to Lender to replace such Improvements with
<br />Improvements of at least equal value.
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<br />Lender's Rigbt to Enter. Lender and Lender's agents and representatives may enter upon the Property at
<br />all reasonable times to attend to lender's interests and to inspect the Property for purposes of Grantor's
<br />compliance with the terms and conditions of this Deed of Trust.
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<br />Compliance with Governmental Requirements. Grantor shall promptly comply with all laws,
<br />ordinances, and regulations, now or hereafter In effect, of all governmental authorities applicable to the use
<br />or occupancy of the Property. Grantor may contest In good faith any such law. ordinance, or regulation and
<br />withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified
<br />Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the
<br />Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond,
<br />reasonably satisfactory to Lender. to protect Lender's interest.
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<br />Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all
<br />other acts, in addition to those acts set forth above in this section, which from the character and use of the
<br />Property are reasonably necessary to protect and preserve the Property.
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<br />DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and
<br />payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, at
<br />all or any part of the Property, or any interest in the Property. A "sale or transfer" means the conveyance of Property
<br />or any right, title or interest in the Property; whether legal, beneficial or equitable; whether voluntary or involuntary;
<br />whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest. lease-
<br />option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trost holding title to the
<br />Property, or by any oaher method of conveyance of an interest in the Property. However, this option shall nol be
<br />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 Deed
<br />of Trust:
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<br />Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes,
<br />assessments, charges (including water and sewer), fines and Impositions levied against or on account of the
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