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201702170 .
<br /> proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br /> the Property; or (2) any violation by Grantor or any tenant of any Environmental Law.
<br /> Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br /> there is any such pending or threatened investigation, claim, or proceeding. In such an
<br /> event, Lender has the right, but not the obligation, to participate in any such proceeding
<br /> including the right to receive copies of any documents relating to such proceedings.
<br /> E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every
<br /> tenant have been, are and will remain in full compliance with any applicable Environmental
<br /> Law.
<br /> F. Except as previously disclosed and acknowledged in writing to Lender, there are no
<br /> underground storage tanks, private dumps or open wells located on or under the Property
<br /> and no such tank, dump or well will be added unless Lender first consents in writing.
<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 /> 19. 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 /> 20. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably
<br /> associated with the Property. Grantor will maintain this insurance in the amounts Lender
<br /> requires. This insurance will last until the Property is released from this Security Instrument.
<br /> What Lender requires pursuant to the preceding two sentences can change during the term of
<br /> the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval,
<br /> which will not be unreasonably withheld.
<br /> All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss
<br /> payable clause") endorsement that names Lender as "mortgagee" and "loss payee". If required
<br /> by Lender, all insurance policies and renewals will also include an "additional insured"
<br /> endorsement that names Lender as an "additional insured". If required by Lender, Grantor
<br /> agrees to maintain comprehensive general liability insurance and rental loss or business
<br /> interruption insurance in amounts and under policies acceptable to Lender. The comprehensive
<br /> general liability insurance must name Lender as an additional insured. The rental loss or
<br /> business interruption insurance must be in an amount equal to at least coverage of one year's
<br /> debt service, and required 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
<br /> proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at
<br /> LORNA D WAGONER
<br /> Nebraska Deed Of Trust
<br /> NE/4CHAPPOLD00000000001289043042017N Wolters Kluwer Financial Services 01996,2017 Bankers Page 6
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