|
•
<br />201210641
<br />•
<br />'01209925
<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 />15. 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 />16. 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 />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not
<br />and will not cause, contribute to, or permit the release of any Hazardous Substance on the
<br />Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous
<br />Substance occurs on, under or about the Property or migrates or threatens to migrate from
<br />nearby property; or (2) there is a violation of any Environmental Law concerning the
<br />Property. In such an event, Grantor will take all necessary remedial action in accordance
<br />with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no
<br />knowledge of or reason to believe there is any pending or threatened investigation, claim, or
<br />proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br />the Property; or (2) any violation by Grantor or any tenant of any Environmental Law.
<br />Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br />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
<br />including the right 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
<br />tenant have been, are and will remain in full compliance with any applicable Environmental
<br />Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no
<br />underground storage tanks, private dumps or open wells located on or under the Property
<br />and no such tank, dump or well will be added unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the
<br />Property, and confirm that all permits, licenses or approvals required by any applicable
<br />Environmental Law are obtained and complied with.
<br />YOGI MOTEL, INC.
<br />Nebraska Deed Of Trust
<br />NE/ 4XXXDBOND00000000000648064112012N Wolters Kluwer Financial Services ©1996, 2012 Bankers Page 5
<br />SystemsT"
<br />
|