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<br /> All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to alt remedies provided at law �
<br /> or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial
<br /> payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed
<br /> will not constitute a waiver of Lender's right to require complete cure of any existing default. By choosing any
<br /> one or more of these remedies Lender does not give up Lender's right to use any other remedy. Lender does not
<br /> waive a default if Lender chooses not to use a remedy. By electing not to use any remedy, Lender does n4t
<br /> waive Lender's right to later consider the event a default and to use any remedies if the default continues or
<br /> happens again.
<br /> 16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br /> Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies
<br /> under this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property
<br /> and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are
<br /> not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable
<br /> immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full
<br /> at the highest interest rate in effect as provided for in the terms of the Secured Debts. To the extent permitted
<br /> by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attoPneys' fees Lender incurs to
<br /> collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br /> 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br /> means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act
<br /> (CERCLA►, all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions
<br /> or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and
<br /> (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant
<br /> which has characteristics which render the substance dangerous or potentially dangerous to the public health,
<br /> safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous
<br /> material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any
<br /> Environmental Law.
<br /> Grantor represents, warrants and agrees that:
<br /> A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been,
<br /> is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under or
<br /> about the Property, except in the ordinary course of business and in strict compliance with all applicable
<br /> Environmental Law.
<br /> B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause,
<br /> contribute to, or permit the release of any Hazardous Substance on the Property.
<br /> C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs
<br /> on, unde� or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a
<br /> violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary
<br /> remedial action in accordance with Environmental Law.
<br /> D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
<br /> reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to
<br /> (1) any Hazardous Substance located on, under or about the PrcperYy; or (2) any violation by Giantor or any _
<br /> tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has
<br /> reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an
<br /> event, Lender has the right, but not the obligation, to participate in any such proceeding including the right to
<br /> receive copies of any documents relating to such proceedings.
<br /> E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have
<br /> been, are and will remain in full compliance with any applicable Environmental Law.
<br /> F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br /> tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
<br /> added unless Lender first consents in writing.
<br /> G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br /> confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained and
<br /> complied with.
<br /> H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
<br /> Property and review all records at any reasonable time to d�termine 11) the existence, location and nature of
<br /> any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude
<br /> of any Hazardous Substance that has been released on, under or about the Property; or (3► whether or not
<br /> Grantor and any tenant are in compliance with applicable Environmental Law.
<br /> I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br /> environmental engineer to prepare an environmental audit of the Property and to submit the results of such
<br /> audit to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's
<br /> approval.
<br /> J. Lender has the right, but not the obligation, to perform any of Grantar's obligations undsr this section at
<br /> Grantor's expense.
<br /> K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
<br /> Grantor will indemnify and hold lender and Lender's successors or assigns harmless from and against all
<br /> losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and
<br /> expenses, including without limitation all costs of litigation and attorneys' fees, which Lender and Lender's
<br /> successors or assigns may sustain; and (2) at Lender's discretion, Lender may release this Security
<br /> Instrument and in return Grantor will provide Lender with collateral of at least equal value to the Property
<br /> secured by this Security Instrument without prejudice to any of Lender's rights under this Security
<br /> Instrument.
<br /> L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the terms of
<br /> this section will survive any foreclosure or satisfaction of this Security tnstrument regardless of any passage
<br /> J AND D COMPANY LLC
<br /> Nebraska Deed Of Trust Initials�
<br /> NE/2nsonj05AA000000000000001 A0000001 Bn2 "'1996 Bankers Systems,Inc.,St.Cloud,MN Page 4
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