|
<br />,
<br />
<br />200511434
<br />
<br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. IfTrustor breaches
<br />any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in performing such
<br />covenants or protecting its security interest in the Property. Such expenses include. but are not limited to, fees incurred
<br />for inspecting, preserving, or otherwise protecting the Property and Beneficiary's security interest. These expenses are
<br />payable on demand and will bear interest from the date of payment until paid in full at the highest rate of interest in
<br />effect as provided in the terms of the Secured Debt. Trustor agrees to pay all costs and expenses incurred by
<br />Beneficiary in collecting, enforcing or protecting Beneficiary's rights and remedies under this Security Instrument. This
<br />amount may include, but is not limited to, Trustee's fees. court costs, and other legal expenses. To the extent permitted
<br />by the United States Bankruptcy Code, Trustor agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect
<br />the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code. This Security Instrument
<br />shall remain in effect until released. Trustor agrees to pay for any recordation costs of such release.
<br />
<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 10ca1laws, 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 />contaminant which has characteristics which render the 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 />
<br />Trustor represents, warrants and agrees that:
<br />
<br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be
<br />located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property.
<br />
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been,
<br />are, and shall remain in full compliance with any applicable Environmental Law.
<br />
<br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance occurs
<br />on, under or about the Property or there is a violation of any Environmental Law concernIng the Property. In such
<br />an event, Trustor shall take all necessary remedial action in accordance with any Environmental Law.
<br />
<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 any
<br />Hazardous Substance or the violation of any Environmental Law.
<br />
<br />12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not
<br />be required to pay to Beneficiary funds for taxes and insurance in escrow.
<br />
<br />13. JOINT AND INDIVIDUAL LIABILITY; CO~SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties
<br />under 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 Secured
<br />Debt and Trustor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a
<br />guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from
<br />bringing any action or claim against Trustor or any party indebted under the obligation. These rights may include, but
<br />are not limited to, any anti-deficiency or one-action laws. The duties and benefits of this Security Instrument shall bind
<br />and benefit the successors and assigns of Trustor and Beneficiary.
<br />
<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, attachments,
<br />or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law
<br />expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot
<br />be enforced according to its terms, that section will be severed and will not affect the enforceability of the remainder
<br />of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The
<br />captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to
<br />interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument.
<br />
<br />HOME EQUITY LINE SECURITY AGREEMENT DATED: SEPTEMBER 7, 2 005 5~~-
<br />NEBRASKA . MIlkS . HOMS EQUITY LINI! OF C1UlDIT DIlllD OF TRUST 11(0T FOll. FNMA. FHLMC. FIlA OR VA UBI!) HIlLOC.DT-NIl
<br />HP4%0483.A014/03 36079.13765 ..... ~ ~ 6
<br />
|