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<br />Section 3.11. Condemnation, Etc. In the event that the Trust Estate or any part thereof shall
<br />be taken under the power of eminent domain or like power, then, unless the Beneficiary otherwise
<br />consents, all proceeds and avails thereof shall be applied by the Grantor to the payment or prepayment of
<br />the Indebtedness (such prepayments to be applied in the order and manner set forth in the Loan
<br />Agreement).
<br />Section 3.12. Conflict with Deed of Trust Terms. The provisions of this Deed of Trust and
<br />the Loan Documents shall be cumulative and not mutually exclusive, notwithstanding any inconsistencies.
<br />Section 3.13. Environmental Representations, Warranties and Covenants. The Grantor
<br />makes the following representations, warranties and covenants, all of which are subject to any exceptions
<br />that the Grantor may have previously disclosed in writing to the Beneficiary, and which, to the extent that
<br />they deal with representations of fact, are based on the Grantor's present knowledge, arrived at after
<br />reasonable inquiry.
<br />(A) Use of the Trust Estate.
<br />(1) The Grantor shall: (a) use, handle, transport or store Hazardous
<br />Materials; and (b) store or treat non - hazardous wastes: (i) in a good and prudent manner in the ordinary
<br />course of business; and (ii) in compliance with all applicable Environmental Laws.
<br />(2) The Grantor shall not conduct or allow to be conducted, in violation of
<br />any Environmental Law, any business, operations or activity on the Trust Estate, or, except in strict
<br />compliance with applicable Law, employ or use the Trust Estate to generate, use, handle, manufacture,
<br />treat, store, process, transport or dispose of any Hazardous Materials, or any other substance which is
<br />prohibited, controlled or regulated under applicable Law. The Grantor shall not use the Trust Estate in a
<br />way that poses a threat or nuisance to public safety, health or the environment, or cause or allow to be
<br />caused a known or suspected release of Hazardous Materials, on, under, or from the Trust Estate.
<br />(3) The Grantor shall not do or permit any act or thing, business or operation
<br />that poses an unreasonable risk of harm, or impairs or may impair the value of the Trust Estate or any
<br />part thereof
<br />(B) Condition of the Trust Estate.
<br />(1) The Grantor shall take all appropriate response actions, including any
<br />removal and remedial actions, in the event of a release, emission, discharge or disposal of Hazardous
<br />Materials in, on, under, or about the Trust Estate, so as to remain in compliance with all Environmental
<br />Laws.
<br />(2) All underground tanks, wells, septic tanks, ponds, pits, or any other
<br />storage tanks (whether currently in use or abandoned) on the Trust Estate, if any, are, as of the date
<br />hereof maintained in compliance with all applicable Environmental Laws.
<br />(C) Notice of Environmental Problems or Litigation. Except as otherwise
<br />disclosed in schedules to the Loan Agreement, neither the Grantor nor any of its tenants have given, nor
<br />were they required to give, nor have they received, any notice, letter, citation, order, warning, complaint,
<br />inquiry, claim or demand that (1) the Grantor and /or any tenants have violated, or are about to violate,
<br />any Environmental Law, judgment or order; (2) there has been a release, or there is a threat of release, of
<br />Hazardous Materials from the Trust Estate; (3) the Grantor and /or its tenants may be or are liable, in
<br />whole or in part, for the costs of cleaning up, remediating, removing or responding to a release or a
<br />threatened release of Hazardous Materials; or (4) the Trust Estate is subject to a Lien in favor of any
<br />governmental entity for. any liability, costs or damages, under any Environmental Law arising from, or
<br />costs incurred by such governmental entity in response to, a release or a threatened release of a
<br />Hazardous Material. The Grantor further represents and warrants that no conditions currently exist or are
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<br />5301729
<br />Hall County, Nebraska
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