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20 1307764
<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 /> 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 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 /> 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 /> Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the
<br /> proceeds of any award or claim for damages connected with a condemnation or other taking of
<br /> TONY T EYNETICH
<br /> Nebraska Deed Of Trust
<br /> NE/4AUNDERW000000000000665055N Wolters Kluwer Financial Services®1996,2013 Bankers Page 4
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