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<br />Properiy, or (iii) any breach of any environmental representation, warranty or covenant under the terms of this Deed
<br />of Trust. The foregoing indemnity and hold harmless 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 Property or
<br />natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such
<br />hazatdous 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 19$6 (as amended, "CERCLA"), and the terms "solid waste" and "dis sal" (or "disposed")
<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 rneaning 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 />Obligarions 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 which may be discovered in the contents, execution or acknowledgment of this Deed of Trust or any
<br />other Credit Document; (ii) execute, acknowledge, deliver, procure and record and/or file such further documents
<br />(including, without limitation, further mortgages, security agreements, fmancing statements, continuation
<br />statements, and assignments of rents or leases) and do such fiuther acts as may be necessary, desirable or proper to
<br />carry out more effectively the purposes of this Deed of Trust and the other Credit Documents, to more fully idenrify
<br />and subject to the liens and security interests hereof in any property intended to be covered hereby (including
<br />specifically, but without limitation, any renewals, additions, substitutions, replacements, or appurtenances to the
<br />Mortgaged Property) or as deemed advisable by Beneficiazy 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 instruments and do such further acts as may be necessary, desirable or proper in the reasonable
<br />determination of Beneficiary to enable Beneficiary to comply with the requirements or requests of any agency
<br />having jurisdicrion over Beneficiary or any examiners of such agencies with respect to the Obligarions, Trustor or
<br />the Mortgaged Properiy. Trustor shall pay all costs connected with any of the foregoing, which shall be an
<br />Obligation owing by Trustor (which Trustor hereby promises to pay on demand of Beneficiary) to Beneficiary
<br />pursuant to this Deed of Trust.
<br />(n) Fees and Ezpenses. Without limitation of any other provision of this Deed of Trust or of any
<br />other Credit Document and to the extent not otherwise prohibited by applicable law, Trustor will pay, and will
<br />reimburse to Beneficiary on demand to the extent paid by Beneficiary and reasonably required by Beneficiary: (i) all
<br />reasonable appraisal fees, filing and recording fees, taxes, brokerage fees and commissions, abstract fees, ritle search
<br />or examination fees, title policy and endorsement premiums and fees, Uniform Comrnercial Code search fees,
<br />escrow fees, reasonable attomeys' fees, architect fees, construction consultant fees, environtnental inspection fees,
<br />survey fees, and a11 other out-of-pocket costs and expenses of every character incurred by Trustor or Beneficiary in
<br />connection with the preparation of the Credit Documents, the evaluation, closing and funding of the Loan, and any
<br />and all amendments and supplements to this Deed of Trust or any other Credit Documents or any approval, consent,
<br />waiver, release or other matter requested or required hereunder or thereunder, or otherwise atttibutable 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 obligation of Trustor hereunder or under any other Credit 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 regazd to the Mortgaged Property. All books and
<br />records relating to the Mortgaged Property shall at all times be located at Trustor's address set forth in Section 6.26
<br />or such other locarion agreeable to Beneficiary. Trustor shall be permitted to iaspect the Mortgaged Property, from
<br />time to time, upon reasonable prior notice to Beneficiary.
<br />DOCS/1045503.1
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