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<br />200703529 <br /> <br />the terms of 'the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, <br />Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests <br />in connection with any bankruptcy proceedings initiated by or against Grantor. <br /> <br />15. 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 orders, <br />attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a <br />hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, <br />pollutant or contaminant which has characteristics which render the substance dangerous or potentially <br />dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any <br />substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or <br />"regulated substance" under any Environmental Law. <br /> <br />Grantor represents, warrants and agrees that: <br /> <br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will <br />be located, stored or released on or in the Property. This restriction does not apply to small quantities of <br />Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of <br />the Property. <br /> <br />B. 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 />C. Grantor will immediately notify Lender 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 <br />such an event, Grantor will take all necessary remedial action in accordance with any Environmental Law. <br /> <br />D. Grantor will immediately notify Lender in writing as soon as Grantor 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 />16. 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 />17. 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. All insurance policies and renewals will <br />include a standard "mortgage clause" and, where applicable, "loss payee clause." <br /> <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 />18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and <br />insurance in escrow. <br /> <br />Eddie L Nowka <br />Nebraska Deed Of Trust <br />o K/4XXDMASON0000590000558604 7033007Y <br /> <br />J)-rn <br /> <br /> <br />@1996 Bankers Systems, Inc.. St. Cloud, MN ~ <br />