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200408115
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10/16/2011 7:44:00 PM
Creation date
10/21/2005 3:28:54 AM
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DEEDS
Inst Number
200408115
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200408115 <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 />18. 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 />19. 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. What Lender requires pursuant to the preceding two <br />sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, <br />subject to 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 <br />be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender <br />acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to <br />Lender to 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 <br />would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the <br />insurance. <br />20. ESCROW FOR TAXES AND INSURANCE. Grantor will pay to Lender amounts for (a) yearly taxes and <br />assessments on the Property which under the law may be superior to this Security Instrument, (b) yearly <br />leasehold payments or ground rents (if any), (c) yearly premiums for hazard or property insurance, (d) yearly <br />premiums for flood insurance (if any), and (e) yearly premiums for mortgage insurance (if any). Grantor will pay <br />those amounts to Lender unless Lender tells Grantor, in writing, that Grantor does not have to do so, or unless <br />the law requires otherwise. Grantor will make those payments at the times required by Lender. <br />RTS Business Holdings Inc. <br />Nebraska Deed Of Trust Initials <br />IL/ 4Xrollika00704400004 1 6001 008 1 204Y 01996 Bankers Systems, Inc., St. Cloud, MN E perms" Page 6 <br />11 <br />
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