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2� 15�82��
<br /> �g} there is nQ radon gas infiltra�ing the Bui�dings in e�cess of current state and federal
<br /> gu�delines; and
<br /> �h} a�l warran�ies and representatians given by Trust�r, or any other party, are true, compiete
<br /> and correct as of the date hereof.
<br /> That Trustor agrees that any materials ar other items f�und in, on, under or arou�d the Premises
<br /> wh�ch qualify as hazardous subs�ances, ar any otherwise deemed unaccepta�le by the Truste�, 1�'l 1�S SQ��
<br /> discretion sha�l be �mmediately removed from �he Premises, at Trustar's sale cast and exp�nse, in
<br /> co.mp�ian�e with all app�icab�e En�ironmental Law.
<br /> Thafi Trustor sha�l, in addition to those notif cations required e�sewhere in this Trus� Deed, notify
<br /> Tru stee of:
<br /> �a) the presence of any �isible asbestos or asbestas-�ontaining materials, P�B's (except as
<br /> sh�wn an the En�iranmental �ertif cate}, rad�n gas beyond acceptable limits, or urea
<br /> farmaldehyde foam insulati�n at, in, on, under, onto ar from the Premises, and
<br /> �b) the receipt by Trustor of any notice �r other communi�ation from any governmental
<br /> en�ity ar autharity or from any tenants or other occupant or fr�m any ather person vr
<br /> source w�th respect �o any alleged or actual release, contam�nat�on ar other event
<br /> in�a�ving a hazardous.substance on, in, under, onto, or from the Premises, and
<br /> �c} sha11 promptly send Trustee copies of a11 result� of tests of undergraund storage tanks at
<br /> the Prem�ses.
<br /> 14. APP�INTMENT �]F SU�CESS�R TRUSTEE. Beneficiary may, frorn time to time,
<br /> by a written instrum�nt executed and acknowledged by BenefiGiary, mailed to Trustar and recorded in�he
<br /> caunty or caunties in which the Property is lacated and by otherwise complying w�th the pro�isions of the
<br /> appl�cab�e Iaws of the state af Nebraska, substitute a suc�essar or successors ta the Trustee named herein
<br /> or acting hereunder.
<br /> 15. INSPE�TI�NS. Benefi�iary, or it� agents, representatives, ar emp�oyees, are
<br /> au�horized to enter at any reasonable time and in accordance wi�h th� terms of existing leases and the
<br /> Nebraska Landiord Tenant Act upon �r in any par�❑fthe Praperty far th� purpose of inspecting the same
<br /> and for the purpase �f perfarming any of the acts it is autharized �o perform under the�erms of the Trust
<br /> Deed.
<br /> 1�. �PTI�N T� F�RECL�SITR.E. Upon the accurrence of an� breach and upon the
<br /> declaration of default hereunder, Benefciary sha�� ha�e the optian to foreclose �his Trust Deed in the
<br /> manner provided by �aw for the f�re�losure of trust deeds on real property.
<br /> 17. F�RBEAR.AN�E BY BENEFI�IARY �R TRUSTEE NUT A WANER. Any
<br /> forbearance by Beneficiary or Trus�ee in e�ercising any right ar remedy hereunder, ar otherw�se afforded
<br /> by applicable Yaw, shal� not be a wai�er af or preclude the exercise nf any such right or remedy.
<br /> Likewise, the wai�er by Benef ciary or Trustee af any default of Trustor under�his Trust Deed shall not
<br /> be deemed�o be a waiver af any other or simi�ar defaults subsequently occurring.
<br /> 18. BENEFI�IARY'S P��"V'ERS. Without affecting ar re�easing the liab�l ity of the Trustar
<br /> or any other person �iable for �he payment of any abligation herein menti�n�d, and without affeCting the
<br /> �ien ar charge of this Trust I3eed upon any portion of the Properry. Beneficiary may, fram �ime to �ime
<br /> and withou� n�tice a� the re�uest of one or more Trustars, �i} release any pers�n liable, �ii} exter�� or
<br /> renew the maturity or alter any of the �erms of any such ob�igatians, (iii} grant other induigenc�s, (i�}
<br /> release or recan�ey, ar cause t� be released or recon�eyed, at any time a� Beneficiary's aption any parcel
<br /> or a�l Qf the Prop�rCy, �v} �ak� or release any other or add�tianal security for any obligation herein
<br /> mentioned, ��i� make settiements or other arrangernents with Trustor in relation thereto. All Trust�rs
<br /> shall �e jain�ly and se�eral�}� nbligated and bound by the actians of the Beneficiary or any ane or more
<br /> Tru star as stated i n th i s�aragraph.
<br /> 19. ATT�RNEY FEES, C�STS,AND EXPENSES. Th�Benef ciary of this Trust Deed is
<br /> �ntitled to the pa�ment of attarneys' fees, costs, and expenses as provided in this Trust Deed, except as
<br /> othervvise proh.ibited by Iaw.
<br /> Z�. RE��NVEYAN�E BY TRUSTEE. Upon written request af Beneficiary and upvn
<br /> payment by Trustor of Trustee's fees, Trustee shall re�onvey to Trustor, or the person or persons Iegal�y
<br /> entiitled thereto, without warranty, any portion of �he Praperty then held hereunder. Recitals in such
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