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<br /> � 36. �T'ime o� �;saence; Aindin A reement. Time is of the easence
<br /> hereof. a ee o rust app ea to, nures to the benefit of,
<br />� and binda all parties hereto, their heirs, pers�nal representatives,
<br /> legateea, devisees, successara and assigns.
<br /> 37. Applicable Law. This document shall be governed by and
<br /> construed accord3ng to the law of the State of Nebraska, except as
<br /> preempted by federal laws, rules, or regulatiana. In the event that
<br /> � any provision or clauae of any of the Loan Documents conflicts with
<br /> applicable laws, such conflicts ahall not a£fect other proviaiona of
<br /> auch Loan Documents which can be given effect without the
<br /> conflicting provision, and to this end the provisiona of the Loan
<br /> Documents are declared to be severable. This inatrument cannot be
<br /> waive, changed, discharged or termi�ared orally, but only by an
<br /> inatrument in writing signed by the party against wham enforcement
<br /> of any waiver, change, discharge or termination is sought.
<br /> 38. Fixture Financing Statement. Thia Deed of Trust ia
<br /> intended to e a nAnc ng a a emen within the purview of Seceon
<br /> 9-402 of the Nebraska Uniform Commercial Code with respect to those
<br /> items of property as constitute fixtures on the above described
<br /> land. The addresses of the Grantor (Debtor) and tlie Benefic3ary �
<br /> (Secured Party) are set forth on the first page of this instrument. '
<br /> This Deed of Trust is to be £iled for record with the Regiater of . �
<br /> Deeds, Hall County, Nebraska, c�here the land is located. The �
<br /> Trustor is the record owner of the lancl_ �- -
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<br /> 39. Legal Proceedings and Remedial Actions. Grantor shall keep �
<br /> and mainta�n�Te– roper y n compl3ance w t and shall not cause or � =
<br /> permit the Property to be in violation of any federal, state, or :�;��.;
<br /> local laws, ordinances, or regulations relating to industrial --
<br /> hygiene or to the environmental conditions on, under, or about the
<br /> Property, incZuding, but not limited to, soil and groundwater
<br /> conditions. Grantor shall not use, generate, manufacture, store, or
<br /> dispose of on, under, or about the Property or tranapoxt to or from
<br /> the Property any flammable explosives, radioactive materials, a .
<br /> hazardous wastes, toxic substances, or related materials, including, f �:
<br /> without limitations, any substances defined as or included in the �.�
<br /> definition of "hazardous substances", hazardous wastes", hazardous =
<br /> materials", or "toxic substances" under any applicable federal or ;;� ,
<br /> state laws or regulations (collectively referred to hereinafter as ; �i
<br /> "Hazardous Materials") . . �
<br /> Grantor shall immQdiately advise Beneficiary in writing of (i) any
<br /> and all enforcement, cleanup, remedial, removal, or other
<br /> governmental or regulatory actions instituted, completed, or
<br /> threatened pursuant to any applicable federal, state, or local laws,
<br /> ordinances, or regulations relating to any Hazardoua Materials
<br /> affecting the Property ("Hazardous Materials Laws") and (ii) all
<br /> claims made or threatened by any third party against Grantor or the '
<br /> Property relat�ng to damage, contribution, cost recovery
<br /> compensation, loss, or in,jury resulting from any Hazardoua Materials
<br /> (the matters set forth in clauses (i) and (ii) above are hereinafter
<br /> referred to as "Hazardous Materia24 Claims") .
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