|
201005318
<br />' governmental authority concerning any releases of or contaminations caused by hazardous substances or violation or
<br />alleged violation of any Environmental Laws;
<br />(e) there are no underground storage tanks, visible asbestos, asbestos-containing materials, PCB's or UFFI located on, in,
<br />under or about the Premises;
<br />(f) there have been no releases at, upon, under or within, and no past or ongoing migration from neighboring lands to the
<br />Premises of any hazardous substances;
<br />(g) there is no radon gas infiltrating the Buildings in excess of current state and federal guidelines; and
<br />(h)all warranties and representations given by Trustor, or any other party, are true, complete and correct as of the date hereof.
<br />That Trustor agrees that any materials or other items found in, on, under or around the Premises which qualify as hazardous
<br />substances, or any otherwise deemed unacceptable by the Trustee, in its sole discretion shall be imttxediately removed from the Premises,
<br />at Trustor's sole cost and expense, in compliance with all applicable Environmental Law.
<br />That Trustor shall, in addition to those notifications required elsewhere in this Trust Deed, notify Trustee of:
<br />(a) the presence of any visible asbestos or asbestos-containing materials, PCB's (except as shown on the Environmental
<br />Certificate), radon gas beyond acceptable limits, or urea formaldehyde foam insulation at, in, on, under, onto or from
<br />the Premises, and
<br />(b) the receipt by Trustor of any notice or other communication from any governmental entity or authority or from any
<br />tenants or other occupant or from any other person or source with respect to any alleged or actual release, contamination
<br />or other event involving a hazardous substance on, in, under, onto, or from the Premises, and
<br />(c) shall promptly send Trustee copies of all results of tests of underground storage tanks at the Premises.
<br />14. APPOINTMENT OF SUCCESSOR TRUSTEE, Beneficiary may, from time to time, by a written instrument
<br />executed and acknowledged by Beneficiary, mailed to Trustor and recorded in the county or counties in which the Property is located and
<br />by otherwise complying with the provisions of the applicable laws of the state of Nebraska, substitute a successor or successors to the
<br />Trustee named herein or acting hereunder.
<br />15. INSPECTIONS. Beneficiary, or its agents, representatives, or employees, are authorized to enter at any reasonable
<br />time and in accordance with the terms of existing leases and the Nebraska Landlord Tenant Act upon ar in any part of the Property for the
<br />purpose of inspecting the same and for the purpose of performing any of the acts it is authorized to perform under the terms of the Trust
<br />Deed.
<br />16. OPTION TO FORECLOSURE. Upon the occurrence of any breach and upon the declaration of default hereunder,
<br />Beneficiary shall have the option to foreclose this Trust Deed in the manner provided by law for the foreclosure of trust deeds on real
<br />property.
<br />17. FORBEARANCE BY BENEFICIARY OR TRUSTEE NOT A WAIVER. Any forbearance by Beneficiary or
<br />Trustee in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the
<br />exercise of any such right or remedy. Likewise, the waiver by Beneficiary or Trustee of any default of Trustor under this Trust Deed shall
<br />not be deemed to be a waiver of any other or similar defaults subsequently occurring.
<br />18. BENEFICIARY'S POWERS. Without affecting ar releasing the liability of the Trustor or any other parson liable for
<br />the payment of any obligation herein mentioned, and without affecting the lien or charge of this Trust Deed upon any portion of the
<br />Property. Beneficiary may, from time to time and without notice at the request of one or mare Ttustors, (i) release any person liable, (ii)
<br />extend or renew the maturity or alter any of the terms of any such obligations, (iii) grant other indulgences, (iv) release or reconvey, or
<br />cause to be released or reconveyed, at any time at Beneficiary's option any parcel or all of the Property, (v) take or release any other or
<br />additional security for any obligation herein mentioned, (vi) make settlements or other arrangements with Trustor in relation thereto. All
<br />Trustors shall be jointly and severally obligated and bound by the actions of the Beneficiary or any one or more Trustor as stated in this
<br />paragraph.
<br />19, ATTORNEY FEES, COSTS, AND EXPENSES. The Beneficiary of this Trust Deed is entitled to the payment of
<br />attorneys' fees, costs, and expenses as provided in this Trust Deed, except as otherwise prohibited by law.
<br />20. RECONVEYANCE BY TRUSTEE. Upon written request of Beneficiary and upon payment by Trustor of Trustee's
<br />fees, Trustee shall reconvey to Trustor, or the person or persons legally entitled thereto, without warranty, any portion of the Property then
<br />held hereunder. Recitals in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grantee in
<br />any reconveyance maybe described as "the person or persons legally entitled thereto."
<br />21. NOTICES. Except for notices, demands, requests, or other communications required under applicable law to be given
<br />in another manner, whenever Beneficiary, Trustar or Trustee gives or serves any notice (including, without limitation, notice of default
<br />and notice of sale), demands, requests, ar other communication with respect to this Trust Deed, each such notice, demand, request, or
<br />other communication shall be in writing and shall be effective only if the same is delivered by personal service or is mailed by certified
<br />mail, postage prepaid, addressed to the address as set forth at the beginning of this Trust Deed. Any party may at any time change its
<br />address for such notices by delivering or mailing to the other party hereto, as aforesaid, a notice of such change. Any notice hereunder
<br />shall be deemed to have been given to Trustor or Beneficiary, when given in the manner designated herein.
<br />22. REQUEST FOR NOTICE. Trustor and Beneficiary hereby request a copy of any notice of default, and a copy of any
<br />notice of sale thereunder, be mailed to each person who is a party hereto at the address for such person set forth in the first paragraph of
<br />this Trust Deed.
<br />23. GOVERNING LAW. This Trust Deed shall be governed by the laws of the state of Nebraska
<br />
|