202505118 - Laserfiche WebLink

Browse

202505118 16. Upon payment of all sums as herein provided, Lender shall direct Trustee to reconvey the property and shall surrender this Deed of Trust and the Note secured by it. Trustee shall reconvey the Property without warranty and without charge to the persons legally entitled to it. 17. Lender, at its option, may from time to time remove the Trustee and appoint a successor Trustee. Without reconveyance of the property, the successor Trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by Nebraska law. 18. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any environmental law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of hazardous substances that are generally recognized to be appropriate to normal commercial uses and maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the Property and any hazardous substance or environmental law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any hazardous substance affecting the property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with environmental law. Borrower hereby (i) releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under any such laws, and (ii) Borrower agrees to indemnify Lender and hold Lender harmless against any and all claims and losses resulting from a breach of this paragraph of this Deed of Trust. The obligations to indemnify and hold harmless as provided for herein shall survive payment of the indebtedness reflected in the Note and the satisfaction of all obligations of this Deed of Trust. As used in this paragraph 18, "Hazardous Substances" are those substances defined as toxic or hazardous substances by environmental law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 18, "Environmental Law" means federal laws and laws of the jurisdiction where the property is located that relate to health, safety, or environmental protection. 19. No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy provided for herein or by law provided or permitted, but each shall be cumulative and, shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, or by statute. Every power or 7