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200207245 <br />H. Granter will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the <br />Property and re all records at any reasonable time to determine (11 the existence, location and nature of <br />any He7amnus Substance con, under nr about the Property; 12f the existence, location, nature, and magnitude <br />of any Hazarduus Substance that has been released on, under or about the Property; er (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 a environmental audit of the Property and to ,submit the results of such <br />auit to Lender. The choice of the environmental engineer who will perform such audit Is subjcot to 1 ender's <br />approval, <br />J. Lender has the right, but not the obligation, to perform any of Granters obligations under this section at <br />Grantors expense. <br />K, As a consequence of any breach of city representation, warranty or promise made in this section, (1) <br />Grantor will Indemnify end hold I ender and Lender's successors assigns harriers from and against all <br />les , elm demands, liabilities, damages, cleanup response and emaciation costs, paraffins and <br />expenses, including without l Imitation all costs of litigation and atturneys' fees, which Lender and Lender's <br />successors or assigns may sustain; and 12) at lender's discretion, Lender tray release this Security <br />Instrument and in return Granter will provide Lender with collateral of at least equal value to the Property <br />ai red by this Security Instrument without prejudice to any of Lender's rights under this Security <br />Instrument. <br />L. Notwithstanding any of the language c contained In this Security Instrument to the contrary, the terms of <br />this section will survive any foreclosure o satisfaction of this Security Instrument regardless of any passage <br />of title to Lender er any diaposupri by Lender of any or all of the Property. Any claims and defenses to the <br />contrary are hereby waived, <br />17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or <br />public entities to purchase or coke mly or all of the Property through condemnation, eminent domain, or any <br />Other means. Grantor authonzes Lender to intervene in Grantor's name in are of the above described actions or <br />claims. Grantor a igns to Lander the proceeds of any award or claim for damages c eon ecmd with it <br />condemnation or other taking of all or any pan of the Property. Such proceeds will be considered payments and <br />will be applied as provided in Iris Security Instrument Tits assignment of pruceeds is subject to the terms of <br />any prior mortgage, deed of trust, security agreement or other lien document <br />18. 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 Londcr remdre.s. This insurance will last until tire <br />Property Is released from this Security Instrument. What Lender requires pursuant to the preceding sentences <br />can change during the term of the Secured Debts. Grantor may cheese the insurance company, subject to <br />Lender's approval, which will not be unreasonably withheld, <br />All insurance policies aril renewals will Include a standard "mortgage clause" arid, where applicable, "loss payee <br />clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br />loss or bus s interruption insurance In amounts and under policies acceptable to Lender. The comprehensive <br />general liability In must n c Lender a n additional insured. The rental loss or business interruption <br />am <br />Insurance Foust be in rare amount equal to at least coverage of one year's debt acrvree, and required escrow <br />account deposits lit agreed to separately in writing.) <br />Grantor will give Lender and the insurance contrary immediate notice of any loss. All insurance proceeds will <br />be applied to resmrafmn or repair of the Property or to the Secured Debts, at Lunder's option. 11 Lender <br />acquires the Property in damaged condition, Grantor's rights to any insurance policies end proceeds will pass to <br />Lender to the "tort of the Secured Debts. <br />Grantor will mmediately notify Lender of cancellation or termination of insurance. If Grantor falls to keep the <br />Property insured Lender may obtain insurance to Protect Lender's interest in the Property. This insurance may <br />Include covouruo not originally required at Grantor, dry be written by a company other than one Gmnntr <br />would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the <br />Insurance. <br />19. ESCROW FOR TAXES AND INSURANCE. Grantor will net be required to pay to Lender funds for taxes aria <br />insurance in escrow. <br />20. CO- SIGNERS. It Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does <br />se only to convey Granter's interest in the Property to secure payment of the Secured Debts and Grantor dues <br />not agree to be personally liable on the Secured Debts. If this Security Instruments s a guaranty between <br />Lender and Granter, Gmnmr agrees to weave any rights that may prevent Lender from bringing any action OF <br />claim against Granter or any parry indebted under the obligation. These rights may Include, but are not limited <br />to, any anti deficiency or one - action laws. <br />21. SUCCESSOR TRUSTEE. Lender, at Lender's option, may hour 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 sunceed to all the title, power and duties conferred upon Trustee by this <br />Securty Instrument end applicable law. <br />22. 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, arid the United States of <br />America. <br />23. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security <br />Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor Individually er <br />together with any other Grantor. Lender may release any part of the Property and Grantor will still be obloated <br />Inner this Security Instrument for The re ing Property . the duties and remains of this Security Insnurlert <br />will bind and Fought the successors and assigns of Lender and Grantor. <br />Pnam.uay Faynrues, his.. <br />Nv4xxx 1088100e00o000036eP0e90B 1102Y 1996 Barka, SW,euu, lm_ 31. CIOUa ON OwrvorY Imt Pa.b <br />