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- 201104430 <br />or about the Property, except in the ordinary course of business and in strict compliance with all applicable <br />Environmental Law. <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 (11 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; o� (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 af 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 #irst 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 5ubstance on, under or about the Property; (21 the existence, location, nature, and <br />magnitude of any Hazardous Substance that has been refeased on, under or about the Property; or (3) <br />whether or not Grantor and any tenant are in compliance w+th 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 firom and against all <br />losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and <br />expenses, including without fimitation 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 reiease 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 lnstrument 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. CONDEMIVATION. 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. <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 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 tarm 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". lf required by Lender, all insurance policies <br />and renewals will also include an "additional insured" endorsement that names Lender as an "additional <br />insured". If required by Lender, Grantor agrees to maintain comprehensive general liability insurance and rental <br />loss or business interrupxion 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 toss. Aff 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 />KENNETH A KOHLHOF <br />Nebraska Oe�d Of Trust <br />NE/4AMOSEMANQ0000000000621066060811 N Wolters Kluwer Financial Services �1996, 2011 Bankers SystemsTM Page B <br />`��(.� <br />C � <br />