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� 200400192
<br /> safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous
<br /> material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any
<br /> Environmental Law.
<br /> Grantor represents, warrants and agrees that:
<br /> A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
<br /> is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or
<br /> about the Property, except in the ordinary course of business and in strict compliance with all applicable
<br /> Environmental Law.
<br /> B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause,
<br /> contribute to, or permit the release of any Hazardous Substance on the Property.
<br /> C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs
<br /> on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a
<br /> violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary
<br /> remedial action in accordance with Environmental Law.
<br /> D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
<br /> reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
<br /> (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any
<br /> tenant of any Environmental Law. Grantor will immediately notify �ender in writing as soon as Grantor has
<br /> reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an
<br /> event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to
<br /> receive copies of any documents relating to such proceedings.
<br /> E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have
<br /> been, are and will remain in full compliance with any applicable Environmental Law.
<br /> F. Except as previously disclosed and acknowledged in writing to �ender, there are no underground storage
<br /> tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
<br /> added unless Lender first consents in writing.
<br /> G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br /> confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and
<br /> complied with.
<br /> H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
<br /> Property and review all records at any reasonable time to determine (1) the existence, location and nature of
<br /> any Hazardous Substance on, under or about the Property; 12) the existence, location, nature, and magnitude
<br /> of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not
<br /> Grantor and any tenant are in compliance with applicable Environmental Law.
<br /> I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br /> environmental engineer to prepare an environmental audit of the Property and to submit the results of such
<br /> audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
<br /> approval.
<br /> J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at
<br /> Grantor's expense.
<br /> K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
<br /> Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all
<br /> losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and
<br /> expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's
<br /> successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security
<br /> Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property
<br /> secured by this Security Instrument without prejudice to any of Lender's rights under this Security
<br /> Instrument.
<br /> L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of
<br /> this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage
<br /> of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the
<br /> contrary are hereby waived.
<br /> 17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
<br /> public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any
<br /> other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or
<br /> claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a
<br /> condemnation or other taking of all or any part of the Prope�ty. Such proceeds will be considered payments and
<br /> will be applied 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 associated with the
<br /> Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the
<br /> Property is released from this Security Instrument. Grantor may choose the insurance company, subject to
<br /> Lender's approval, which will not be unreasonably withheld.
<br /> All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee
<br /> clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental
<br /> loss or business interruption insurance in amounts and under policies acceptable to Lender. The comprehensive
<br /> general liability insurance must name Lender as an additional insured. The rental loss or business interruption
<br /> insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow
<br /> account deposits (if agreed to separately in writing.)
<br /> Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be
<br /> applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires
<br /> the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to
<br /> the extent of the Secured Debts.
<br /> MARK A MILLER
<br /> Nebraska Deed Of Trust Initials� I
<br /> NE/2NADM10563000000000000003600000037n7 `�1996 Bankers Systems,Inc.,St.Cloud,MN Pege 4
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