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C �1 r. <br /> + 99� � 10��9�3�5; <br /> F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage <br /> tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be <br /> added unless Lender first consents in writing. <br /> G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and <br /> confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and <br /> complied with. <br /> H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the <br /> Property and review all records at any reasonable time to determine (1) the existence, location and nature of <br /> any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude <br /> of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not <br /> Grantor and any tenant are in compliance with applicable Environmental Law. <br /> I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified <br /> environmental engineer to prepare an environmental audit of the Property and to submit the results of such <br /> audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's <br /> approval. <br /> J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this section at <br /> Grantor's expense. <br /> K. As a consequence of any breach of any representation, warranty or promise made in this section, (1) <br /> Grantor will indemnify and hold Lender and Lender's successors or assigns harmless from and against all <br /> losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and <br /> expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's <br /> successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security <br /> Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property <br /> secured by this Security Instrument without prejudice to any of Lender's rights under this Security <br /> Instrument. <br /> L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of <br /> this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage <br /> of title to Lender or any disposition by Lender of any or all of the Property. Any claims and defenses to the <br /> contrary are hereby waived. <br /> 16. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or <br /> public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br /> other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or <br /> claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a <br /> condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and <br /> will be applied 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 /> 17. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the <br /> Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the <br /> Property is released from this Security Instrument. Grantor may choose the insurance company, subject to <br /> Lender's approval, which will not be unreasonably withheld. <br /> All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee <br /> clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br /> loss or business 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 business interruption <br /> insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow <br /> account deposits (if agreed to separately in writing.) <br /> Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be <br /> applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires <br /> the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to <br /> the extent of the Secured Debts. <br /> Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the <br /> Property insured Lender may obtain insurance to protect Lender's interest in the Property. This insurance may <br /> include coverages not originally required of Grantor, may be written by a company other than one Grantor would <br /> choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. <br /> 18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and <br /> insurance in escrow. <br /> 19. CO-SIGNERS. If Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does <br /> so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does <br /> not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between <br /> Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or <br /> claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited <br /> to, any anti-deficiency or one-action laws. � <br /> 20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a <br /> successor without any other formality than the designation in writing. The successor trustee, without <br /> conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this <br /> Security Instrument and applicable law. <br /> 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, except to the extent <br /> otherwise required by the laws of the jurisdiction where the Property is located, and the United States of <br /> America. <br /> TRACY WATTS <br /> Nebraska Deed Of Trust Initials�__ <br /> NE/2enckk0548000000000000001 E0000001 Fn6 �'1996 Bankers Systems,Inc.,St.Cloud,MN Page 4 <br />