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200313608
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Last modified
10/16/2011 7:49:45 AM
Creation date
10/28/2005 3:52:12 PM
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DEEDS
Inst Number
200313608
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200313608 <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br />contaminant which has characteristics which render the substance dangerous or potentially dangerous <br />to the public health, safety, welfare or environment. The tern includes, without limitation, any <br />substances defined as "hazardous material," "toxic substances," "hazardous waste," or "hazardous <br />substance" wider any Environmental Law. <br />Trustor represents, warrants mid agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous <br />Substance is or will be located, stored or released on or in the Property. This restriction does not <br />apply to small quantities of Hazardous Substances that are generally recognized to he appropriate <br />for the normal use and maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every <br />tcnurt have been, are, and shall remain in full compliance with any applicable Fr vina nreutal <br />Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous <br />Substance occurs on, under or about the Property or there is a violation of any Environmental <br />Law concerning the Property. In such an event, Truster .shall take all necessary remedial action <br />in accordance with any Environmental Law. <br />U. Truster shall immediately notify Beneficiary in writing as soon as Tmstor has reason to believe <br />there is any pending or threatened investigation, claim, or proceeding relating to the release or <br />threatened release of any Hazardous Substance or the violation of any Tu vii mencri d Law. <br />18. CONDEMNATION. Tooter will give Beneficiary prompt notice of any pending or threatened action, <br />by private or public entities to purchase or take any or all of the Property through condemnation, <br />emiru:ni domain, or any other means. Toaster authorizes Beneficiary to intervene in Trustor's nine in <br />any of the above described actions or claims. Trrslor assigns to Beneficiary the proceeds of any award <br />or claim for damages connected with a condemnation or other taking of all or any part of the Property. <br />Such proceeds shall be considered payments and will be applied as provided in this Security <br />Instrument. This assignment of proceeds is subject to the leans of any prior mortgage, deed of trust, <br />security agreement or other lien document. <br />19. INSURANCE. Tmstor shall keep Property insured against loss by fire, flood, theft and other hazards <br />and risks reasonably associated with the Property due to its type and location. 'this insurance .shall be <br />maintained in the amounts and for the periods that Beneficiary requires. The insurance carrier <br />providing the insurance shall be chosen by Trustor subject to Beneficiary's approval, which shall not <br />be unreasonably withheld. If Trustor fails to maintain the coverage described above, Beneficiary may, <br />at Beneficiary's option, obtain coverage to protect Beneficiary's rights in the Property according to the <br />terms of this Security Instrument. All insurance policies and renewals shall he acceptable to <br />Beneficiary and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." <br />Truster shall immediately notify Beneficiary of cancellation or lernination of the insurance. <br />Beneficiary .shall have the right to hold the policies and renewals. If Beneficiary requires, Truster shall <br />inunediately give to Beneficiary all receipts of paid premiums and renewal notices. Upon loss, Trustor <br />shall give immediate notice to the insurance carrier and Beneficiary. Beneficiary may make proof of <br />loss if not made immediately by Traitor. Unless otherwise agreed in writing, all insurance proceeds <br />shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then <br />due, at Beneficiary's option. Any application of proceeds to principal shall not extend or postpone the <br />dun date of the scheduled payment nor change the amount of any payment. Any excess will be paid to <br />the 'truster. If the Property is acquired by Beneficiary, Tmstor's right to any insurance policies and <br />proceeds resulting from damage to the Property before the acquisition shall pass to Beneficiary to the <br />extent of the Secured Debt immediately before the acquisition. <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, <br />Trustor will not be required to pay to Beneficiary funds for taxes and insurance in escrow. <br />NEBRASKA - DEED OF TRUST <br />rENES cox 1 of ' °d° e °' s 20032257700049 <br />
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