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20��04912
<br />(k) Status of Trustor; Suits and Claims; Credit Documents. If Trustor is a corporation,
<br />partnership, or other legal enrity, Trustor is and will continue to be (i) duly organized, validly exisring and in good
<br />standing under the laws of its state of organizarion, (ii) authorized to do business in, and in good standing in, each
<br />state in which the Mortgaged Properiy is located, and (iii) possessed of all requisite power and authority to carry on
<br />its business and to own and operate the Mortgaged Property. Each Credit Document executed by Trustor has been
<br />duly authorized, executed and delivered by Trustor, and the obligations thereunder and the performance thereof by
<br />Trustor in accordance with their terms are and will continue to be within Trustor's power and authority (without the
<br />necessity of joinder or consent of any other person), are not and will not be in contravention of any Lega1
<br />Requirement to which Trustor or the Mortgaged Properiy is subject, and do not and will not result in the creation of
<br />any encumbrance against any assets or properties of Trustor, or any other person liable, directly or indirectly, for any
<br />on the Obligations, except Permitted Encumbrances or as otherwise expressly contemplated by the Credit
<br />Documents. There is no suit, action claim, investigation, inquiry, proceeding or demand pending (or, to Trustor's
<br />knowledge, threatened) which affects the Mortgaged Property (including, without limitation, any which challenges
<br />or otherwise pertains to Trustor's title to the Mortgaged Properly) or the validity, enforceability or priority of any of
<br />the Credit Documents. T'here is no judicial or administrative action, suit or proceeding pending (or, to Trustor's
<br />knowledge, threatened) against Trustor, or against any other person liable directly or indirectly for the Obligations,
<br />except as disclosed in writing to Beneficiary. The Credit Documents consritute legal, valid and binding obligations
<br />of Trustor (and of each guarantor, if any) enforceable in accordance with their terms, except as the enforceability
<br />thereof may be limited by Debtor Relief Laws (hereinafter defined) and except as the availability of certain remedies
<br />may be limited by general principles of equity. Trustor will not cause or permit any change to be made in its name,
<br />identity, state of organization, taxpayer idenrification number or corporate or partnership structure, unless Trustor
<br />shall have notifled Beneficiary of such change prior to the effective date of such change, and shall have first taken
<br />all action required by Beneficiary for the purpose of further perfecting or protecting the lien and security interest of
<br />Beneficiary in the Mortgaged Property. Trustor's principal place of business and chief executive office, and the
<br />place where Trustor keeps its books and records conceming the Mortgaged Properiy has been and will conrinue to
<br />be (unless Trustor notifies Beneficiary of any change in writing prior to the date of such change) the address of
<br />Trustor set forth in Section 6.26 below.
<br />(I) Environmental Matters. Trustor will defend, indemnify and hold Beneficiary and its directors,
<br />officers, agents and employees hannless from and against a11 claims, demands, causes of action, liabilities, losses,
<br />costs and eapenses (including, without limitations, costs of suit, reasonable attorneys' fees and fees of expert
<br />witnesses) arising from or in connecrion with (i) the presence in, on or under or the removal from the Mortgaged
<br />Properiy of any hazardous substances or solid wastes (as hereafter defined), or any releases or discharges of any
<br />hazardous substances or solid wastes on, under or from such property, (ii) any activity carried on or undertaken on
<br />or off the Mortgaged Property, whether prior to or during the term of this Deed of Trust, and whether by Trustor or
<br />any predecessor in title or any officers, employees, agents, contractors or subcontractors of Trustor or any
<br />predecessor in title, or any third persons at any time occupying or present on the Mortgaged Property, in connection
<br />with the handling, use, generation, manufacture, treatment, removal, storage, decontamination, clean-up, transport or
<br />disposal of any hazardous substances or solid wastes at any time located or present on or under the Mortgaged
<br />Property, or (iii) any breach of any eavironmental representation, warranty or covenant under the terms of this Deed
<br />of Trust. T'he foregoing indemnity and hold hannless shall not apply to any such event (i) occurring after foreclosure
<br />by Beneficiary or a deed in lieu of foreclosure in favor of Beneficiary and (ii) caused by Beneficiary or any owner
<br />subsequent to Trustor. The foregoing indemnity shall further apply to any residual contaminarions on or under the
<br />Mortgaged Property, or affecting any natural resources, and to any contamination of the Mortgaged Properiy 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 accordance with applicable laws, regulations, codes and ordinances. The terms "hazardous substance" and
<br />"release" as used in this Deed of Trust shall have the meanings specified in the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended by the Superfund Amendments and
<br />Reauthorization Act of 1986 (as amended, "CERCLA"), and the terms "solid waste" and "disposal" (or "dis osed")
<br />shall have the 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", "release", "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 />DOCS/1045495.1
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