|
201106790
<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.
<br />16. 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.
<br />17. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
<br />insurance in escrow.
<br />18. 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.
<br />19. 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, including, without limitation; the 'right--to, ip .-Isu'c'cessor or
<br />substitute trustee at any time and from time to time.
<br />20. FIXTURE FILING. Grantor gives to Lender a security interest in all goods that Granter owns now or in the
<br />future and that are or will become fixtures related to the Property.
<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.
<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 />or together with any other Grantor. Lender may release any part of the Property and Grantor will still be
<br />obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a
<br />guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from
<br />bringing any action or claim against Grantor or any party indebted under the obligation. These rights may
<br />include, but are not limited to, any anti - deficiency or one - action laws. Grantor agrees that Lender and any
<br />party to this Security Instrument may extend, modify or make any change in the terms of this Security
<br />Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from
<br />the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit
<br />the successors and assigns of Lender and Grantor.
<br />23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or
<br />modified by oral agreement. No amendment or modification of this Security Instrument is effective unless
<br />made in writing and executed by Grantor and Lender. This Security Instrument and any other documents
<br />relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this
<br />Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining
<br />provisions will still be enforceable.
<br />24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular.
<br />The section headings are for convenience only and are not to be used to interpret or define the terms of this
<br />Security Instrument.
<br />25. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise
<br />required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate
<br />party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice
<br />to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change
<br />in Grantor's name, address or other application information. Grantor will provide Lender any financial
<br />statements or information Lender requests. All financial statements and information Grantor gives Lender will
<br />HARTMAN EXOTICS, INC.
<br />Nebraska Deed Of Trust
<br />NE/ 4AMOSEMAN00000000000621022090611 N Wolters Kluwer Financial Services 01996, 2011 Bankers Systems- Page 5
<br />
|