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201305312 <br />enforcement, valuation, appraisal or protection of Lender's rights and remedies under this <br />Security Instrument or any other document relating to the Secured Debts. Grantor agrees to <br />pay expenses for Lender to inspect, valuate, appraise and preserve the Property and for any <br />recordation costs of releasing the Property from this Security Instrument. Expenses include, <br />but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses <br />are due and payable immediately. If not paid immediately, these expenses will bear interest <br />from the date of payment until paid in full at the highest interest rate in effect as provided for in <br />the terms of the Secured Debts. In addition, to the extent permitted by the United States <br />Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to <br />protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by <br />or against Grantor. <br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) <br />Environmental Law means, without limitation, the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and <br />local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters <br />concerning the public health, safety, welfare, environment or a hazardous substance; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br />contaminant which has characteristics which render the substance dangerous or potentially <br />dangerous to the public health, safety, welfare or environment. The term includes, without <br />limitation, any substances defined as "hazardous material," "toxic substance," "hazardous <br />waste," "hazardous substance," or "regulated substance" under any Environmental Law. <br />Grantor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous <br />Substance is or will be located, stored or released on or in the Property. This restriction <br />does not apply to small quantities of Hazardous Substances that are generally recognized to <br />be appropriate for the normal use and maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every <br />tenant have been, are, and will remain in full compliance with any applicable Environmental <br />Law. <br />C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous <br />Substance occurs on, under or about the Property or there is a violation of any <br />Environmental Law concerning the Property. In such an event, Grantor will take all <br />necessary remedial action in accordance with any Environmental Law. <br />D. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe <br />there is any pending or threatened investigation, claim, or proceeding relating to the release <br />or threatened release of any Hazardous Substance or the violation of any Environmental <br />Law. <br />17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened <br />action by private or public entities to purchase or take any or all of the Property through <br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in <br />Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the <br />proceeds of any award or claim for damages connected with a condemnation or other taking of <br />all or any part of the Property. Such proceeds will be considered payments and will be applied <br />as provided in this Security Instrument. This assignment of proceeds is subject to the terms of <br />any prior mortgage, deed of trust, security agreement or other lien document. <br />18. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably <br />associated with the Property. Grantor will maintain this insurance in the amounts Lender <br />requires. This insurance will last until the Property is released from this Security Instrument. <br />What Lender requires pursuant to the preceding two sentences can change during the term of <br />the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, <br />which will not be unreasonably withheld. All insurance policies and renewals shall include a <br />standard "mortgage clause" (or "lender loss payable clause ") endorsement that names Lender <br />as "mortgagee" and "loss payee ". If required by Lender, all insurance policies and renewals will <br />also include an "additional insured" endorsement that names Lender as an "additional insured ". <br />If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and <br />rental loss or business interruption insurance in amounts and under policies acceptable to <br />Lender. The comprehensive general liability insurance must name Lender as an additional <br />insured. The rental loss or business interruption insurance must be in an amount equal to at <br />least coverage of one year's debt service, and required escrow account deposits (if agreed to <br />separately in writing). <br />Grantor will give Lender and the insurance company immediate notice of any loss. All insurance <br />proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at <br />Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any <br />insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. <br />MICHAEL R WAGONER <br />Nebraska Deed Of Trust <br />NE/ 4XJWILSON00000000000654036062513N Wolters Kluwer Financial Services ©1996, 2013 Bankers Page 5 <br />Systems "' <br />