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201800750 <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. 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 />Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any <br />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 <br />fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in <br />the Property and Grantor will pay for the insurance on Lender's demand. Lender may demand <br />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 <br />Debts. This insurance may include lesser or greater coverages than originally required of <br />Grantor, may be written by a company other than one Grantor would choose, and may be <br />written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor <br />acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on <br />the purchase of this insurance. <br />20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender <br />funds for taxes and insurance in escrow. <br />21. 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 />22. USE OF PROPERTY. Grantor shall not use or occupy the Property in any manner that would <br />constitute a violation of any state and /or federal laws involving controlled substances, even in a <br />James L. Price <br />Nebraska Deed Of Trust <br />NE /4XRATHMAN00000000001544019N Wolters Kluwer Financial Services ®1996, 2018 Bankers Page 6 <br />Systemsr" <br />