4
<br />. �o�io2s�o
<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 11) 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 compfiance 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 requi�ed by any applicable Environmental Law are obtained
<br />and complied with.
<br />' H. Grantbr will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
<br />Property and review alt 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. 7he 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 promtise made in this section, (1)
<br />Grantor will indemnify and ho{d Lender and Lender's successors or assigns harmless from and against all
<br />losses, claims, demands, liabiiities, damages, cleanup, response and remediation costs, penalties and
<br />expenses, including without limitation atl 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.
<br />17. CONDEMNATfON. Grantor .witl 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.
<br />18. 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 {ast 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 />All insurance policies and renewals shall include a standard "mortgage clause" (or "lender loss payable clause")
<br />endorsement that names Lender as "mortgagee" and "loss payee". If required by Lender, all insurance policies
<br />and renewals will also include an "additional insured" endorsement that names Lender as an "additiona)
<br />insured". 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 writingl.
<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 w+ll pass to
<br />Lender to the extent of the Secured Debts.
<br />Grantor wil! 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 app{ies to the Secured Debts. This insurance may include coverages not originally required of
<br />RICHARD L. HARTMAN
<br />Nebraska Deed Of Trust
<br />NE/4AMOSEMAN00000000000621047032871N Wolters Kluwer Financial Services °1996, 2011 Bankers SystemsT° Page 5
<br />
|