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<br />200902871
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<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 an
<br />event, Lender has the right, but not the obligation, to participate in any such proceeding including the right
<br />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 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
<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 />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 />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.
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<br />17 . CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private
<br />or 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
<br />or 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
<br />and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms
<br />of any prior mortgage, deed of trust, security agreement or other lien document.
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<br />18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
<br />insurance in escrow.
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<br />19. CO~SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured
<br />Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured
<br />Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured
<br />Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive
<br />any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted
<br />under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws.
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<br />20. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a
<br />successor without any other formality than the designation in writing. The successor trustee, without
<br />conveyance of the Property, will succeed to all the title, power and duties conferred upon Trustee by this
<br />Security Instrument and applicable law.
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<br />21. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the United States of
<br />America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the
<br />extent such state laws are preempted by federal law.
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<br />22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
<br />Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually
<br />KENNETH A KOHLHOF
<br />Nebraska Deed Of Trust
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<br />NE/4AMOSEMAN00000000000111045041409N
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<br />@1996 Benkers Systems, Inc., St. Cloud, MN ~
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