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<br />89-- 101934
<br />it deems necessary or advisable to clean up, remove, resolve, or
<br />minimize the impact of, or otherwise maintain and abate, any
<br />hazardous substance, solid waste, contaminant, UST, asbestos,
<br />formaldehyde insulation or radon gas on or affecting the Trust
<br />Property or any part thereof which could result in an order,
<br />notice, suit, imposition of a lien on the Trust Property, or other
<br />action affecting the Trust Property, or that, in Beneficiary's sole
<br />opinion, could jeopardize Beneficiary's security under this Deed of
<br />Trust or impair the value of the Trust Property. All costs and
<br />expenses paid or incurred by Beneficiary in the exercise of any
<br />such rights shall be secured hereby and shall be payable to
<br />Beneficiary by Trustor upon demand.
<br />(f) Trustor acknowledges that Beneficiary has and will
<br />rely upon the representations, covenants, warranties, indemnities
<br />and agreements set forth in sections 25, 26 and 27 herein shall be
<br />binding upon Trustor, its successors, assigns and legal
<br />representatives and shall inure-to the benefit of Beneficiary, its
<br />successors, assigns and legal representatives.
<br />(g) Unless specified . to the contrary, as used in
<br />sections 25, 26 and 27 herein the terms "hazardous substance" and
<br />"release" (or "released" .shall have the meanin4s specified in
<br />CERCLA, the terms "solid waste" and "disposal" Cor "disposed ")
<br />shall have the.meanings specified in the RCRA, the term "discharge"
<br />Shall have.the'manning specified in the CWA, and the term
<br />wcontaminalra+t" shall have the meaning specified in the SDWA;
<br />provided, In the event c.lther 2ERCLA or RCRA or CWA or SDWA is
<br />azended so as to broaden the tre-aning of any term defined thereby,
<br />such broader meaning shall apply'subsequent to the effective date
<br />of such amendment, and provided further, to the extent that the
<br />laws of the State of Nebraska establish a meaning far "hazardous
<br />substance," "release," "solid waste," contaminant," "disposal" or
<br />"discharge" which is broader than that specified in CERCLA,•RCRA,
<br />CWA or SDWA, such broader meaning shall apply. In the event that
<br />any substance or material would not qualify as a hazardous
<br />substance under CERCLK, but would qualify under the CWA, then for
<br />such substance or material the definition of hazardous substance
<br />contained in the CWA shall control. "Underground Storage Tank"
<br />shall have the meaning specified in the Superfund Amendments and
<br />Reauthorization Act, and the term "regulated sub - stance" shall have
<br />the meaning specified in the RCRA.
<br />. (h) 2n the . event any actin -4 or 1iroceedlnq is commenced, or
<br />any :claim, demand, cause of ?wtion, loss, damage,, liability, cost
<br />or. expense arises with respect,to which Beneficiary proposes to
<br />hold Truster liable here"�der, or in connection with the
<br />transaction contemplated herein,.then as a condition precedent to
<br />liability of Trustor Bi eneficiary shall furnish written notice to
<br />Trustor of such claim, demand, cause of action.' loss, liability,
<br />damage, cost, expense, action or proceeding, Such nett ce shall set
<br />forth, in reasonable detail, the nature and extent of the asserted
<br />liability and the basis upon which Beneficiary proposes to hood
<br />TrUstor liable., Trustor shall, at its option, have the right: to
<br />contest or defen4 any such matter, at its sole cost and expense and
<br />with counsel of its own choosing. Regardless of whether or not
<br />Trustor shall contest or defend any such matter, Beneficiary shall,
<br />at its option, have the right to contest or defend such matter, and
<br />Trustor shall pad' or reimburse Beneficiary for all attorneyil!� fees
<br />and all other expenses and costs of contesting or defending such
<br />matter.
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<br />28. Assigt :ont. Trustor traball nab: assign, pledge or
<br />otherwise alienate any. rsf the iTevanues, .and Income from the Trust
<br />Property without prior written consent cif Beneficiary, and any such.
<br />attempted assignment, pledge or alienation shall be subject and
<br />subordinate to time rights of Beneficiary.
<br />29. Debts and Encumbrances. Trustor shall not, without the
<br />prior written consent of Beneficiary:
<br />(a) issue, contract for, assume, guarantee or permit to
<br />remain outstanding any debt or any other obligations which would
<br />D: \LOANDOC` HEALTH. DOT
<br />April 10, 2989
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