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<br />N. Insecurity. Lender determines in good faith that a material adverse change has occurred
<br />in Borrower's financial condition from the conditions set forth in Borrower's most recent
<br />financial statement before the date of this Security Instrument or that the prospect for
<br />payment or performance of the Secured Debts is impaired for any reason.
<br />15. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all
<br />remedies Lender has under state or federal law or in any document relating to the Secured
<br />Debts, including, without limitation, the power to sell the Property. Any amounts advanced on
<br />Grantor's behalf will be immediately due and may be added to the balance owing under the
<br />Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that
<br />may be available on Grantor's default.
<br />Subject to any right to cure, required time schedules or any other notice rights Grantor may
<br />have under federal and state law, Lender may make all or any part of the amount owing by the
<br />terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner
<br />provided by law upon the occurrence of an Event of Default or anytime thereafter.
<br />If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted
<br />remedy, at the request of Lender, advertise and sell the Property as a whole or in separate
<br />parcels at public auction to the highest bidder for cash. Trustee will give notice of sale
<br />including the time, terms and place of sale and a description of the Property to be sold as
<br />required by the applicable law in effect at the time of the proposed sale.
<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 />YOGI MOTEL, INC.
<br />Nebraska Deed Of Trust
<br />NE/ 4XXXDBOND00000000000648064112012N Wolters Kluwer Financial Services ©1996, 2012 Bankers Page 5
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