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<br />! ~" Except as previously disted and a6k';oiNle"dged in writing to Le." Grantor ~a?! ~n~~e~g~ ~f or
<br />reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
<br />(1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any
<br />tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has
<br />reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an
<br />event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to
<br />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 />
<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 and
<br />complied with.
<br />
<br />H. Grantor will permit, or cause any tenant to permit, 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 magnitude
<br />of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not
<br />Grantor and any tenant are in compliance with applicable Environmental Law.
<br />
<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 lender's
<br />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 />
<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 />expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's
<br />successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security
<br />Instrument and in return Grantor will provide lender with collateral of at least equal value to the Property
<br />without prejudice to any of Lender's rights under this Security Instrument.
<br />
<br />L Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of
<br />this section will survive any foreclosure or satisfaction of this Security Instrument regardless of any passage
<br />of title to lender or any disposition by lender of any or all of the Property. Any claims and defenses to the
<br />contrary are hereby waived.
<br />
<br />18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or
<br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any
<br />other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or
<br />claims. Grantor assigns to lender the proceeds of any award or claim for damages connected with a
<br />condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and
<br />will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of
<br />any prior mortgage, deed of trust, security agreement or other lien document.
<br />
<br />19. 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 lender requires. This insurance will last until the
<br />Property is released from this Security Instrument. What Lender requires pursuant to the preceding two
<br />sentences can change during the term of the Secured Debts. Grantor may choose the insurance company,
<br />subject to lender's approval, which will not be unreasonably withheld.
<br />
<br />All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "'oss payee
<br />clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental
<br />loss or business interruption insurance in amounts and under policies acceptable to lender. The comprehensive
<br />general liability insurance must name Lender as an additional insured. The rental loss or business interruption
<br />insurance must be in an amount equal to at least coverage of one year's debt service, and required escrow
<br />account deposits (if agreed to separately in writing).
<br />Grantor will give lender and the insurance company immediate notice of any loss. All insurance proceeds will
<br />be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender
<br />acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to
<br />Lender to the extent of the Secured Debts.
<br />
<br />Grantor will immediately notify lender of cancellation or termination of insurance. If Grantor fails to keep the
<br />Property insured, lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay
<br />for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or
<br />lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the
<br />rate that applies to the Secured Debts. This insurance may include coverages not originally required of Grantor,
<br />may be written by a company other than one Grantor would choose, and may be written at a higher rate than
<br />Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one
<br />of Lender's affiliates may receive commissions on the purchase of this insurance.
<br />
<br />20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
<br />insurance in escrow.
<br />
<br />21. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured
<br />
<br />Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured
<br />
<br />H & J Investments LLC
<br />Nebraska Deed Of Trust
<br />NE/4XXXXXMJ030421 .00005451 013120506Y
<br />
<br />"'1996 Bankers Systems, Inc., St. Cloud, MN ~
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