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201209315 <br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in <br />the following order: to all fees, charges, costs and expenses of exercising the power of sale and <br />the sale; to Lender for all advances made for repairs, taxes, insurance, liens, assessments and <br />prior encumbrances and interest thereon; to the Secured Debts' principal and interest; and <br />paying any surplus as required by law. Lender or its designee may purchase the Property. <br />Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed <br />that conveys the property sold to the purchaser or purchasers. Under this special or limited <br />warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an <br />encumbrance to burden the Property and that Trustee will specially warrant and defend the <br />Property's title of the purchaser or purchasers at the sale against all lawful claims and demand <br />of all persons claiming by, through or under Trustee. The recitals in any deed of conveyance <br />will be prima facie evidence of the facts set forth therein. <br />All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies <br />provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any <br />sum in payment or partial payment on the Secured Debts after the balance is due or is <br />accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's <br />right to require full and complete cure of any existing default. By not exercising any remedy, <br />Lender does not waive Lender's right to later consider the event a default if it continues or <br />happens again. <br />16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event <br />of Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, <br />enforcement or protection of Lender's rights and remedies under this Security Instrument or any <br />other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to <br />inspect and preserve the Property and for any recordation costs of releasing the Property from <br />this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs <br />and other legal expenses. These expenses are due and payable immediately. If not paid <br />immediately, these expenses will bear interest from the date of payment until paid in full at the <br />highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to <br />the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the <br />reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in <br />connection with any bankruptcy proceedings initiated by or against Grantor. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) <br />Environmental Law means, without limitation, the Comprehensive Environmental Response, <br />Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and <br />local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters <br />concerning the public health, safety, welfare, environment or a hazardous substance; and (2) <br />Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or <br />contaminant which has characteristics which render the substance dangerous or potentially <br />dangerous to the public health, safety, welfare or environment. The term includes, without <br />limitation, any substances defined as "hazardous material," "toxic substance," "hazardous <br />waste," "hazardous substance," or "regulated substance" under any Environmental Law. <br />Grantor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous <br />Substance has been, is, or will be located, transported, manufactured, treated, refined, or <br />handled by any person on, under or about the Property, except in the ordinary course of <br />business and in strict compliance with all applicable Environmental Law. <br />MY BRIDGE RADIO <br />Nebraska Deed Of Treat <br />NE/41-HOSTETL00000000000647067N Wolters Kluwer Financial Services 191996, 2012 Bankers Page 7 <br />SystemsT" <br />I~IW <br />0 0 0 0 l 0 ulls 0 0 0 0 0 0 0 0 0 0 0 0 0 0 UII 0 II~IIIII~III 0 0 0 0 u0 1 VIIIOIII 0 9 8 IIQI 1 0 0 W 0 QII~II~DIIIVIII IIIuuII~ <br />0 0 0 0 <br />