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201315822
<br />LOAN #s 9003610
<br />incurred for inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These
<br />expenses are payable on demand and will bear interest from the date of payment until paid in full at the highest rate
<br />of interest in effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses
<br />incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security
<br />Instrument. This amount may include, but is not limited to, Trustee's fees, court costs, and other legal expenses.
<br />To the extent permitted by the United States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees
<br />Beneficiary incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy
<br />Code. This Security Instrument shall remain in effect until released. Trustor agrees to pay for any recordation costs
<br />of such release.
<br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA,
<br />42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney
<br />general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous
<br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or
<br />contaminantwhich has characteristics which renderthe substance dangerous or potentially dangerous to the public
<br />health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous
<br />material," "toxic substances," "hazardous waste" or "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 any
<br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of
<br />any Hazardous Substance or the violation of any Environmental Law.
<br />12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be
<br />required to pay to Beneficiary funds for taxes and insurance in escrow.
<br />13. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under
<br />this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does not sign an
<br />evidence of debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the
<br />Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument
<br />secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent
<br />Beneficiary from bringing any action or claim against Trustor or any party indebted under the obligation. These
<br />rights may include, but are not limited to, any anti - deficiency or one - action laws. The duties and benefits of this
<br />Security Instrument shall bind and benefit the successors and assigns of Trustor and Beneficiary.
<br />14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This Security
<br />Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument,
<br />attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective,
<br />unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security
<br />Instrument cannot be enforced according to its terms, that section will be severed and will not affectthe enforceability
<br />of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the
<br />singular. The captions and headings of the sections of this Security Instrument are for convenience only and are
<br />not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security
<br />Instrument.
<br />15. SUCCESSOR TRUSTEE. Beneficiary, at Beneficiary's option, may from time to time remove Trustee and appoint
<br />a successor trustee without any other formality than the designation in writing. The successor trustee, without
<br />conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security
<br />Instrument and applicable law.
<br />16. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class
<br />mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated
<br />in writing. Notice to one trustor will be deemed to be notice to all trustors.
<br />17. WAIVERS. Except to the extent prohibited bylaw, Trustor waives all appraisement and homestead exemption rights
<br />relating to the Property.
<br />18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit. Although the Secured Debt may be reduced
<br />to a zero balance, this Security Instrument will remain in effect until released.
<br />NEBRASKA - HOME EQUITY LINE OF CREDIT DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE)
<br />© 1994 Bankers Systems, Inc., St. Cloud, MN Initials s .rt9 / . r
<br />Form RFCOCPREDTNE 4/9/2002 Page 5 of 6 NE1325ME 0307
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