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MORTGAGE Loan No: 57296005729601 (COn#inued) 2 010 0 0 8 51 Page 2 obligations under this Mortgage. POSSESSION AND MAINTENANCE OF 7HE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may 11- remain in possession and control of the Prpperty; (2) use, operate or manage the Property; and (31 collect the Rents from the Property. Duty #o Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Lews. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has np knpwledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, la1 any breach or violation of any Environmental Laws, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and acknowledged by Lender in writing, la- neither Grantor nor any tenant, contractor, agent ar other authorized user of the Property shall use, generate, manufacture, stare, treat, dispose of or release any Wazardous Substance on, under, about or from the Prpperty; and fb) any such activity shall lie conducted in campliarrce with atl appliu'abTe federal, state, and Ipcal laws, -regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests made by Lender shall be far Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representatipns and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and 12- agrees to indemnify, defend, and hold harmless Lender against any and all claims, lasses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach pf this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure nr otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion pf the Property. Without limiting the generality of the fpregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including ail and gas-, coal, clay, scoria, soil, gravel ar rack prpducts without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Prpperty at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance wi#h Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so Inng as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sale ppinion, Lender's interests in the Pfoparty..are not jeopardized. Lender may.. require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty #o Protect. Grantor agrees neither to abandon nr leave unattended the Property. Grantor shall da all ether acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this 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 Real Property. A "sale nr transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or invpluntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3- years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in pr to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent (25%) of the voting stack, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall opt be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law, TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account pf the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph.