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<br />RE-RECORDED 200 6 0 5 8 2 2
<br />200606489
<br />to the Secured Debts' principal and interest; and paying any surplus as required by law. Lender or its designee
<br />may purchase the Property.
<br />Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys
<br />the property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will
<br />covenant that Trustee has not caused or allowed a lien or an encumbrance to burden the Property and that
<br />Trustee will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against
<br />all lawful claims and demand of all persons claiming by, through or under Trustee. The recitals in any deed of
<br />conveyance will be prima facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at
<br />law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
<br />payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are
<br />filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By
<br />not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it
<br />continues or happens again.
<br />16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br />under this Security Instrument or. any other dOCUiI;6nt relating to the Secured Debts. Grantor agrees to pay
<br />expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the
<br />Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs
<br />and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these
<br />expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as
<br />provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States
<br />Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's
<br />rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br />(CERCLA, 42 U.S.C. 9601 et seq.L all other federal, state and local laws, regulations, ordinances, court
<br />orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare,
<br />environhlentor a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has characteristics which render the substance
<br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes,
<br />without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste,"
<br />"hazardous substance," or "regulated substance" under any Environmental Law.
<br />Grantor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has
<br />been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under
<br />or about the Property, except in the ordinary course of business and in strict compliance with all applicable
<br />Eflvironmental.ww'i' _-,,,,,.,,,">;,,,,, '_"'''''''~~ .;,,",,,<.,,",,,,,.,.,,,,,, ."~...,,.___.~_ ,;.;........ ..'.1.'" .:,"',".'..lb,;......~\.,..'-- '.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not
<br />cause, contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance
<br />occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2)
<br />there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all
<br />necessary remedial action in accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
<br />reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating
<br />to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or
<br />any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor
<br />has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such
<br />an event, Lender has the right, but not the obligation, to participate in any such proceeding including the
<br />right to receive copies of any documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have
<br />been, are and will remain in full compliance with any applicable Environmental Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
<br />added unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br />confirm that all permits, licenses or approvals required by any applicable Environmental Law arE! obtained
<br />and complied with. .~ -;
<br />H. Grantor will permit, or cause any tenant to ptjrmit, Lender or Lender's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (1) the existence, location and nature of
<br />any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and
<br />magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3)
<br />whether or not 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
<br />Lender's 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 />
<br />Kershner Properties, L.L.C.
<br />Nebraska Deed Of Trust
<br />NE/4XX28319000937100005187047062606Y
<br />
<br />@1996 8ankers Systems, Inc., St. Clouc!. MN ~
<br />
<br />Initials
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