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20�104914
<br />subsequent to Trustor. The foregoing indemnity shaii furtkrer apply to any residual contamuiations on or under the
<br />Mortgaged Property, or affecting any natural resvurces, and to any contamination of the Mortgaged Property or
<br />natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such
<br />hazardous substances or solid wastes, and irrespective of whether any of such activities were or will be undertaken
<br />in accardance with applicable laws, regulations, codes and ordinances. The terms "hazardous substance" and
<br />"release" as used in this L)eed of Trust shall have the meanings specified in the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 198�, as amended by the Superfund Amendments and
<br />ROauthorization Act of 1986 (as amended, "CERCLA"), and the terms "solid waste" and "d�_s�osal" (or "disposed")
<br />shall have th� meanings specified in the Resource Conservation and Recovery Act of 1976, as amended by the Used
<br />Oil Recycling Act of 1980, the Solid Waste Disposal Act Amendments of 1980, and the Hazardous and Solid Waste
<br />Amendments of 1984 (as amended, "RCRA"); provided, in the event that the laws of the State of Nebraska
<br />establish a meaning for "hazardous substance", "re[ease", "solid waste" or "disposal" which is broader than that
<br />specified in either CERCLA or RCRA, such broader meaning shall apply. Without prejudice to the survival of any
<br />other agreements of Trustor hereunder, the provisions of this Section shall survive the final payment of all
<br />Obligations and the termination of this Deed of Trust and shall continue thereafter in full force and effect.
<br />(m) Further Assurances. Trustor will, promptly on request of Beneficiary, (i) correct any defect, error
<br />or omission whieh may be discovered in the contents, execution or acknowledgment of this Deed of Trust or any
<br />other Loan Document; (ii) execute, acknowledge, deliver, procure and record and/or file such further documents
<br />(including, w+ithout limitation, further mortgages, security agreements, financing statements, continuation
<br />statements, and assignments of rents or leases) and do such further acts as may be necessary, desirabte or proper to
<br />carry out more effectively the purposes of this Deed of Trust and the other Loan DocumenLs, to more fully identify
<br />and subject to the liens and secw�ity interests hereof in any property intended to be covered hereby (including
<br />specifically, but without limitation, any renewals, additions, substitutions, raplacements, or appurtenances to the
<br />Mortgaged Property) or as deemed advisable by Beneficiary to protect the lien or the security interest hereunder
<br />against the rights or interests of third persons; and (iii) provide such certificates, documents, reports, information,
<br />affidavits and other instrurnents and do such further acts as may be necessary, desirable or proper in the reasonable
<br />determination of Beneficiary to enable Beneficiary to camply with the requirements or requests of any agency
<br />having jurisdiction over �eneficiary or any examiners of such agencies with respect to the Obligations, Trustor or
<br />the Mortgaged T'roperiy. Trustor shall pay all costs cunnected with any of the foregoing, which shall be an
<br />Obligation owing by Trustor (which Trustor hereby pramises to pay on demand of Beneficiary) to Beneficiary
<br />pursuant to this Deed of Trust.
<br />(n) Fees an� Expenses. Without limitation of any other provision of this Deed of Trust or of any
<br />other Loan Document and to the extent not otherwise prohibited by applicable law, Trustor will pay, and will
<br />reimburse to Beneficiary ori demand to the extent paid by Beneficiary and reasonably required by Beneficiary: (i) all
<br />reasonable appraisal fees, filing and recording fees, taaces, brokerage fees and commissions, abstract fees, title search
<br />or examination fees, title policy and endorsement premiums and fees, Uniform Commercial Code search fees,
<br />escrow fees, reasonable attorneys' fees, architect fees, construction consultant fees, environmental inspection fees,
<br />survey fees, and all other out-of-pocket costs and expenses of every character incurred by Trustor or Beneficiary in
<br />connection with the preparation of the Loan Documents, the evaluation, closing and funding of the I,oan, and any
<br />and all amendments and supplements to this Deed of Trust or any other Loan Documents or any approval, consent,
<br />waiver, ralease or other matter requested or required hereunder or thereunder, or otherwise attributable or chargeable
<br />to Trustor as owner of the Mortgaged Property; and (ii) all reasonable costs and expenses, including reasonable
<br />attorneys' fees and expenses, incurred or expended in connection with the exercise of any right or remedy, or the
<br />enforcement of any orligation of Trustor hereunder or under any other Loan Document.
<br />�o) Books and Records, Inspection. Trustor will keep, and will allow Beneficiary at reasonable
<br />times to inspect, complete and accurate books and records with regatd to the Mortgaged Properiy. vll books and
<br />records relating to the Mortgaged Properiy shall at all times be located at Trustor's address set forth in Section 6Z6
<br />or such other location agreeable to Beneficiary. Trustor shall be permitted to inspect the Mortgaged I�roperty, from
<br />time to time, upon reasonable prior notice to Beneficiary. ,
<br />(p) Taxes on this Deed of Trust. In the event of the enactment after this date of any law of any
<br />governmental entity applicaUle to Beneficiary, any promissory note given in connection therewith, tl�e Mortgaged
<br />Property or this Deed of Trust deducting from the value of properly for the purpose of taxation any lien or securixy
<br />interest thereon, vr imposing upon Beneficiary the payment of the whole or any part of the ta�ces or assessments or
<br />charges or liens herein required to be paid by Trustor, or changing in any way the laws relating to the taxation of
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