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2 01308509 <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 w i Le ar' rig t to .; co Reid the.,even a default if it continues or <br />happens again. <br />16. COLLECTIO urrence of an Event <br />of Default, to the e r t pexmitf d y I fl nt r agrees o9pay a s 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 />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 />SHAMROCK CONSTRUCTION, INC. <br />Nebraska Deed Of Trust <br />NE/ 4XXD1ANNK00000000000665047100313N <br />Initials V <br />Wolters Kluwer Financial Services ©1996, 2013 Bankers Page 7 <br />Systems.", <br />