|
ti01304643
<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, valuation, appraisal or protection of Lender's rights and remedies under this
<br />Security Instrument or any other document relating to the Secured Debts. Grantor agrees to
<br />pay expenses for Lender to inspect, valuate, appraise and preserve the Property and for any
<br />recordation costs of releasing the Property from this Security Instrument. Expenses include,
<br />but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses
<br />are due and payable immediately. If not paid immediately, these expenses will bear interest
<br />from the date of payment until paid in full at the highest interest rate in effect as provided for in
<br />the terms of the Secured Debts. In addition, to the extent permitted by the United States
<br />Bankruptcy Code, G .ntor a•rees to pay th- reasonable attorneys' fees incurred by Lender to
<br />protect Lender's . * h '`.d : ~s c ® - •n =it .iy + . nkr y p • eedings initiated by
<br />or against Grant
<br />17. ENVIRONMENT � ` "A1 Al ZA i r T s ,AR : s- Q a is 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 is or will be located, stored or released on or in the Property. This restriction
<br />does not apply to small quantities of Hazardous Substances that are generally recognized to
<br />be appropriate for the normal use and maintenance of the Property.
<br />B. 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 />C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous
<br />Substance occurs on, under or about the Property or there is a violation of any
<br />BRIAN D MURPHY
<br />Nebraska Deed Of Trust Initials
<br />NE/ 4XXDIANNK000000000006 5406 305 1 7 1 3N Wolters Kluwer Financial Services ©1996, 2013 Bankers
<br />Systeme"'
<br />Page 6
<br />
|