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<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 />17. 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 />18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender
<br />funds for taxes and insurance in escrow.
<br />19. 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 />20. 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 />jurisdiction that allows such use by state or local law or ordinance. In the event that Grantor
<br />becomes aware of such a violation, Grantor shall take all actions allowed by law to terminate
<br />the violating activity.
<br />In addition to all other indemnifications, obligations, rights and remedies contained herein, if the
<br />Lender and/or its respective directors, officers, employees, agents and attorneys (each an
<br />"Indemnitee") is made a party defendant to any litigation or any claim is threatened or brought
<br />against such Indemnitee concerning this Security Instrument or the related property or any part
<br />thereof or therein or concerning the construction, maintenance, operation or the occupancy or
<br />use of such property, then the Grantor shall (to the extent permitted by applicable law)
<br />indemnify, defend and hold each Indemnitee harmless from and against all liability by reason of
<br />said litigation or claims, including attorneys' fees and expenses incurred by such Indemnitee in
<br />connection with any such litigation or claim, whether or not any such litigation or claim is
<br />prosecuted to judgment. To the extent permitted by applicable law, the within indemnification
<br />shall survive payment of the Secured Debt, and/or any termination, release or discharge
<br />executed by the Lender in favor of the Grantor.
<br />Violation of this provision is a material breach of this Security Instrument and thereby
<br />constitutes a default under the terms and provisions of this Security Instrument.
<br />21. OTHER TERMS. The following are applicable to this Security Instrument:
<br />A. No Action by Lender. Nothing contained in this Security Instrument shall require Lender
<br />to take any action.
<br />B. Additional Terms. SouthState Bank, N.A. d/b/a ARC Fixed Rate Provide (including its
<br />successors and assigns) ("Fixed Rate Provider"), is an additional secured party under this
<br />Deed of Trust/Mortgage. Any of the terms Mortgagee. Beneficiary, Secured Party of other
<br />term intended to reference the entity benefiting from the security interest or lien created
<br />hereunder to secure Borrower's/Grantor's obligations is deemed to include Fixed Rate
<br />Provider. Any of the terms Obligations, Secured Obligations, Debt, Secured Debt or other
<br />terms intended to reference Borrower's/Grantor's obligations secured hereunder is deemed
<br />to include obligations owed by Borrower/Grantor to Fixed Rate Provider under the Rate
<br />Conversion Agreement between Fixed Rate Provider and Borrower/Grantor to Fixed Rate
<br />Provider under the Rate Conversion Agreement between Fixed Rate Provider and
<br />Borrower/Grantor, dated on or about the date hereof (such agreement, as the same may be
<br />amended or modified, the "Rate Conversion Agreement")
<br />Bank and Fixed Rate Provider have previously entered into a Master Servicing Agreement
<br />specifying, among other things, circumstances under which Fixed Rate Provider may take of
<br />Bank's rights under the Loan, Loan Agreement or Note and with respect to collateral for
<br />Borrower's/Grantor's obligations thereunder and under the Rate Conversion Agreement.
<br />Until Borrower's/Grantor's receipt of written notice from Fixed Rate Provider, Bank will be
<br />ALVIN D KOWALSKI III
<br />Nebraska Deed Of Trust
<br />N E/4bopela@ F0000000000297 3024 N
<br />molopilloppluipollippilmjilvRAN311 1111 II 1111191111
<br />Wolters Kluwer Financial Services, Inc.©1996, 2023 Page 6
<br />Bankers Systems
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