|
WILLIAM R CAREY
<br />Nebraska Deed Of Trust
<br />N E /4X XSPIEHS00000000009966020N
<br />Wolters Kluwer Financial Services °'1996, 2016 Bankers Page 5
<br />Systems.'
<br />201607320
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage tanks, private
<br />dumps or open wells located on or under the Property and no such tank, dump or well will be added unless Lender first
<br />consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm that all
<br />permits, licenses or approvals required by any applicable 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 inspect the Property and review all
<br />records at any reasonable time to determine (1) the existence, location and nature of any Hazardous Substance on, under or
<br />about the Property; (2) the existence, location, nature, and magnitude of any Hazardous Substance that has been released on,
<br />under or about the Property; or (3) whether or not Grantor and any tenant are in compliance with applicable Environmental
<br />Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified environmental engineer
<br />to prepare an environmental audit of the Property and to submit the results of such audit to Lender. The choice of the
<br />environmental engineer who 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 this section at Grantor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) Grantor will indemnify
<br />and hold Lender and Lender's successors or assigns harmless from and against all losses, claims, demands, liabilities,
<br />damages, cleanup, response and remediation costs, penalties and expenses, including without limitation all costs of litigation
<br />and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2) at Lender's discretion, Lender may
<br />release this Security Instrument and in 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 contrary, the terms of this section will
<br />survive any foreclosure or satisfaction of this Security Instrument regardless of any passage of title to Lender or any
<br />disposition by Lender of any or 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 action by private or public entities to
<br />purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes
<br />Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of
<br />any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
<br />will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to
<br />the terms of any prior mortgage, deed of trust, security agreement or other lien document.
<br />19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor
<br />will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this
<br />Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured
<br />Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld.
<br />All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss payable clause ") endorsement that
<br />names Lender as "mortgagee" and "loss payee ". If required by Lender, all insurance policies and renewals will also include an
<br />"additional insured" endorsement that names Lender as an "additional insured ". If required by Lender, Grantor agrees to maintain
<br />comprehensive general liability insurance and rental loss or business interruption insurance in amounts and under policies
<br />acceptable to Lender. The comprehensive general liability insurance must name Lender as an additional insured. The rental loss
<br />or business interruption insurance must be in an amount equal to at least coverage of one year's debt service, and required
<br />escrow 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 applied to
<br />restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged
<br />condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts.
<br />Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured,
<br />Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on Lender's
<br />demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the
<br />balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include
<br />lesser or greater coverages than originally required of Grantor, may be written by a company other than one Grantor would
<br />choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges
<br />and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance.
<br />20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in
<br />escrow.
<br />21. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor without
<br />any other formality than the designation in writing. The successor trustee, without conveyance of the Property, will succeed to
<br />all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law.
<br />22. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the United States of America, and to the
<br />extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted
<br />by federal law.
<br />23. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are
<br />independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor.
<br />Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining
<br />Property. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the
<br />
|