|
20130/668
<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, 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, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to
<br />protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by
<br />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 whic c is . w. ' « re r p e bsta - - da •erous or potentially
<br />dangerous to th • ub h= . t • f' y el e.- o ent e t- includes, without
<br />limitation, any sta � a � � d � a ��u r 3 . h su tance," "hazardous
<br />yw. e.
<br />• `� n user 1ir.� - - tal 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 />Environmental Law concerning the Property. In such an event, Grantor will take all
<br />necessary remedial action in accordance with any Environmental Law.
<br />D. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br />there is any pending or threatened investigation, claim, or proceeding relating to the release
<br />or threatened release of any Hazardous Substance or the violation of any Environmental
<br />Law.
<br />17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened
<br />action by private or public entities to purchase or take any or all of the Property through
<br />condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in
<br />KELLY T. CONNELLY `�
<br />Nebraska Deed Of Trust Initials tV`�
<br />NE/ 4XXDIANNK000000000006 6 506 209 1 0 1 3N Wolters Kluwer Financial Services © 1996, 2013 Bankers Page 6
<br />Systeme"'
<br />
|