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202405112
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Last modified
10/16/2024 3:58:46 PM
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10/16/2024 3:58:45 PM
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DEEDS
Inst Number
202405112
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202405112 <br />material," "toxic substances," "hazardous waste" or "hazardous substance" under any Environmental <br />Law. <br />Tnistor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous <br />Substance is or will be located, stored or released on or in the Property. This restriction does not <br />apply to small quantities of Hazardous Substances that are generally recognized to be appropriate <br />for the normal use and maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every <br />tenant have been, are, and shall remain in full compliance with any applicable Environmental <br />Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous <br />Substance occurs on, under or about the Property or there is a violation of any Environmental <br />Law concerning the Property. In such an event, Tnistor shall take all necessary remedial action in <br />accordance with any Environmental Law. <br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe <br />there is any pending or threatened investigation, claim, or proceeding relating to the release or <br />threatened release of any Hazardous Substance or the violation of any Environmental Law. <br />18. CONDEMNATION. Trustor will give Beneficiary prompt notice of any pending or threatened action, <br />by private or public entities to purchase or take any or all of the Property through condemnation, eminent <br />domain, or any other means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the <br />above described actions or claims. Trustor assigns to Beneficiary the proceeds of any award or claim for <br />damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds <br />shall be considered payments and will be applied as provided in this Security Instntment. This <br />assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or <br />other lien document. <br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards <br />and risks reasonably associated with the Property due to its type and location. This insurance shall be <br />maintained in the amounts and for the periods that Beneficiary requires. What Beneficiary requires <br />pursuant to the preceding sentence can change during the tenn of the loan. The insurance carrier <br />providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which shall not be <br />unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, at <br />Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />terms of this Security Instrument. <br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard <br />"mortgage clause" and, where applicable, "loss payee clause." Trustor shall immediately notify <br />Beneficiary of cancellation or termination of the insurance. Beneficiary shall have the right to hold the <br />policies and renewals. If Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts <br />of paid premiums and renewal notices. Upon loss, Trustor shall give immediate notice to the insurance <br />carrier and Beneficiary. Beneficiary may make proof of loss if not made immediately by Trustor. <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of <br />the Property or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of <br />proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the <br />amount of any payment. Any excess will be paid to the Trustor. If the Property is acquired by <br />Beneficiary, Trustor's right to any insurance policies and proceeds resulting from damage to the Property <br />before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately before the <br />acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, <br />Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. <br />21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Trustor will provide to Beneficiary <br />upon request, any financial statement or information Beneficiary may deem reasonably necessary. Trustor <br />agrees to sign, deliver, and file any additional documents or certifications that Beneficiary may consider <br />necessary to perfect, continue, and preserve Trustor's obligations under this Security Instrument and <br />Beneficiary's lien status on the Property. <br />22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. <br />All duties under this Security Instrument arc joint and individual. If Trustor signs this Security <br />Instrument but does not sign an evidence of debt, Trustor docs so only to mortgage Trustor's interest in <br />the Property to secure payment of the Secured Debt and Trustor docs not agree to be personally liable on <br />the Secured Debt. If this Security Instrument secures a guaranty between Beneficiary and Trustor, <br />Trustor agrees to waive any rights that may prevent Beneficiary [from bringing any action or claim <br />against Trustor or any party indebted under the obligation. These rights may include, but are not limited <br />to, any anti -deficiency or one -action laws. Trustor agrees that Beneficiary and any party to this Security <br />Instrument may extend, modify or make any change in the terms of this Security Instrument or any <br />evidence of debt without Trustor's consent. Such a change will not release Trustor from the terms of this <br />Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the <br />successors and assigns of Trustor and Beneficiary. <br />23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security Instrument is governed <br />by the laws of the jurisdiction in which Beneficiary is located, except to the extent otherwise required by <br />NEBRASKA - DEED OF TRUST (NOT FOR F - MC, FHA OR VA USE) <br />Lear Forms Inc. NCHA1001/15 InldaIs // •A <br />IS,T Page 4 of 5 <br />tarAW <br />is . <br />11111 <br />
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