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201600211 <br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the <br />Property, and confirm that all permits, licenses or approvals required by any applicable <br />Environmental Law are obtained and complied with <br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and <br />inspect the Property and review all records at any reasonable time to determine (1) the <br />existence, location and nature of any, Hazardous Substance on, under or about the Property; <br />(2) the existence, location, nature, and magnitude of any Hazardous Substance that has <br />been released on, under or about the Property; or (3) whether or not Grantor and any tenant <br />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 <br />qualified environmental engineer to prepare an environmental audit of the Property and to <br />submit the results of such audit to Lender. The choice of the environmental engineer who <br />will perform such audit is subject to Lender's approval. <br />J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under <br />this section at Grantor's expense. <br />K. As a consequence of any breach of any representation, warranty or promise made in this <br />section, (1) Grantor will indemnify and hold Lender and Lender's successors or assigns <br />harmless from and against all losses, claims, demands, liabilities, damages, cleanup, <br />response and remediation costs, penalties and expenses, including without limitation all <br />costs of litigation and attorneys' fees, which Lender and Lender's successors or assigns may <br />sustain; and (2) at Lender's discretion, Lender may release this Security Instrument and in <br />return Grantor will provide Lender with collateral of at least equal value to the Property <br />without prejudice to any of Lender's rights under this Security Instrument. <br />L. Notwithstanding any of the language contained in this Security Instrument to the <br />contrary, the terms of this section will survive any foreclosure or satisfaction of this Security <br />Instrument regardless of any passage of title to Lender or any disposition by Lender of any or <br />all of the Property. Any claims and defenses to the contrary are hereby waived. <br />18. 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 />19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to. Lender <br />funds for taxes and insurance in escrow. <br />20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee <br />and appoint a successor without any other formality than the designation in writing. The <br />successor trustee, without conveyance of the Property, will succeed to all the title, power and <br />duties conferred upon Trustee by this Security Instrument and applicable law. <br />21. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the <br />United States of America, and to the extent required, by the laws of the jurisdiction where the <br />Property is located, except to the extent such state laws are preempted by federal law. <br />MARK A. HOLLISTER <br />Nebraska Deed Of Trust <br />NE /4XXSPIEHS00000000009 6 2 50 1 8N Wolters Kluwer Financial Services ®1996, 2016 Bankers Page 8 <br />SystemsTM <br />