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<br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at
<br />law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
<br />payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are
<br />filed will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing
<br />any one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender
<br />does not waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender
<br />does not waive Lender's right to later consider the event a default and to use any remedies if the default
<br />continues or happens again.
<br />15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br />under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property
<br />and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are
<br />not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable
<br />immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in
<br />full at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent
<br />permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender
<br />incurs to collect the Secured Dehsas awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA), all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant
<br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the
<br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as
<br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance"
<br />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 Substance is or will
<br />be located, stored or released on or in the Property. This restriction does not apply to small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of
<br />the Property.
<br />B. 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 />C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs
<br />on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In
<br />such an event, Grantor will take all 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 there is any
<br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any
<br />Hazardous Substance or the violation of any Environmental Law.
<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 Property. 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. All insurance policies and renewals will include a
<br />standard "mortgage clause" and, where applicable, "loss payee clause."
<br />Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will
<br />be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender
<br />RANDY L GARD
<br />Nebraska Deed Of Trust Initial
<br />IA/ 3T419605E3000000000000003400000035nA c1996 Bankers Systems, Inc., St. Cloud, MN Page 4
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