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:z r <br />201000087 <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 pracesdings. <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 and <br />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 11- the existence, location and nature of <br />any Hazardous Substance an, under or about the Property; 121 the existence, location, nature, and magnitude <br />of any Hazardous Substance that has been released on, under ar about the Property; or 131 whether or not <br />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 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 />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 remediatian 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 121 at Lender's discretion, Lender may release this Security <br />Instrument and in return Grantor will provide Lender with collateral afi 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. <br />18. CONaEMNATION. 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 ar 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 />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 afi the Secured Debts. Grantor may choose the insurance company, <br />subject to Lender's approval, which will not be unreasonably withheld. <br />All insurance policies and renewals will include a standard "mortgage clause" and, where appfioabls, "loss payee <br />clause." If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br />loss ar 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 ofi one year's debt service, and required escrow <br />account deposits lif 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 ar 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 />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 afifiliates may receive commissions on the purchase of this insurance, <br />20. ESCROW FOR TAXES AND INSURANCE. As provided in a separate agreement, Grantor agrees to pay to <br />Lender funds for taxes and insurance in escrow. <br />21. 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 doss not agree by signing this Security Instrument to be personally liable an the Secured <br />Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any <br />rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under <br />the obligation, These rights may include, but are not limited to, any anti-deficiency or one-action laws, <br />NEBRASKA INVESTMENT ASSOCIATION, LLC <br />Nebraska peed Of Trust Initials <br />NE/4jmccrodao0118800006632024120809Y Wolters Kluwer Financial Services ®1996, 2009 Bankers Systems*M Pale 5 <br />