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<br />200406180
<br />":
<br />include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall
<br />remain in effect until released. Trustor agrees to pay for any recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and
<br />Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations,
<br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety,
<br />welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has characteristics which render the substance
<br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes,
<br />without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste," or
<br />"hazardous substance" under any Environmental Law.
<br />Trustor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or
<br />will be located, stored or released on or in the Property. This restriction does not apply to small quantities
<br />of Hazardous Substances that are generally recognized to be appropriate for the normal use and
<br />maintenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have
<br />been, are, and shall remain in full compliance with any applicable Environmental Law.
<br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance
<br />occurs on, under or about the Property or there is a violation of any Environmental Law concerning the
<br />Property. In such an event, Trustor shall take all necessary remedial action in accordance with any
<br />Environmental Law.
<br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is
<br />any pending or threatened investigation, claim, or proceeding relating to the release or threatened release
<br />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, by
<br />private or public entities to purchase or take any or all of the Property through condemnation, eminent domain,
<br />or any other means. Trustor authorizes Beneficiary to intervene in Trustor's name in any of the above described
<br />actions or claims. Trustor assigns to Beneficiary the proceeds of any award or claim for damages connected with
<br />a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments
<br />and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms
<br />of any prior mortgage, deed of trust, security agreement or other lien document.
<br />19. INSURANCE. Trustor shall keep Property insured against loss by fire, flood, theft and other hazards and risks
<br />reasonably associated with the Property due to its type and location. This insurance shall be maintained in the
<br />amounts and for the periods that Beneficiary requires. The insurance carrier providing the insurance shall be
<br />chosen by Trustor subject to Beneficiary's approval, which shall not be unreasonably withheld. If Trustor fails
<br />to maintain the coverage described above, Beneficiary may, at Beneficiary's option, obtain coverage to protect
<br />Beneficiary's rights in the Property according to the terms of this Security Instrument.
<br />All insurance policies and renewals shall be acceptable to Beneficiary and shall include a standard "mortgage
<br />clause" and, where applicable, "loss payee clause." Trustor shall immediately notify Beneficiary of
<br />cancellation or termination of the insurance. Beneficiary shall have the right to hold the policies and renewals.
<br />If Beneficiary requires, Trustor shall immediately give to Beneficiary all receipts of paid premiums and renewal
<br />notices. Upon loss, Trustor shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary
<br />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 the
<br />Property or to the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds
<br />to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any
<br />payment. Any excess will be paid to the Trustor. If the Property is acquired by Beneficiary, Trustor's right to
<br />any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to
<br />Beneficiary to the extent of the Secured Debt immediately before the acquisition.
<br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor
<br />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 upon
<br />request, any financial statement or information Beneficiary may deem reasonably necessary. Trustor agrees to
<br />sign, deliver, and file any additional documents or certifications that Beneficiary may consider necessary to
<br />perfect, continue, and preserve Trustor's obligations under this Security Instrument and Beneficiary's lien status
<br />on the Property.
<br />NEBRASKA -DEED OF TRUST
<br />EQ127E (03/2004)
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