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<br /> and demands that Grantor and Grantor's tenants pay �II �ents due or ,to become due directly to Lender. On
<br /> receiving the notice of default, Grantor will endorse and deliver to Lender any payments of Rents.
<br /> Grantor warrants that no default exists under the Leases or any applicable landlord law, Grantor also agrees to
<br /> maintain, and to require the tenants to comply with, the Leases and any applicable law. Grantor will promptly
<br /> notify Lender of any noncompliance. If Grantor neglects or refuses to enforce compliance with the terms of the
<br /> Leases, then Lender or Trustee may opt to enforce compliance, Grantor will obtain Lender's written
<br /> authorization before Grantor consents to sublet, modify, cancel, or otherwise alter the Leases, to accept the
<br /> surrender of the Property covered by such Leases (unless the Leases so requirel, or to assign, compromise or
<br /> encumber the Leases or any future Rents. lf Lender acts to manage, protect and preserve the Property, Lender
<br /> does not assume or become liable for its maintenance, depreciation, or other losses or damages, except those i
<br /> due to Lender's gross negligence or intentional torts. Otherwise, Grantor will hold Lender harmless and ;
<br /> indemnify Lender for any and all liability, loss or damage that Lender may incur as a consequence of the
<br /> assignment under this section.
<br /> 13. DEFAULT. Grantor will be in default if any of the following occur:
<br /> A. Peyments. Grantor fails to make a payment in full when due.
<br /> B. Insolvency. Grantor makes an assignment for the benefit of creditors or becomes insolvent, either because
<br /> Grantor's liabilities exceed Grantor's assets or Grantor is unable to pay G�antor's debts as they become due.
<br /> C. Death or Incompetency. Grantor dies or is declared incompetent.
<br /> D. Failure of Condition or Term. Grantor fails to pay, or perform any condition or to keep any promise or
<br /> covenant on this or any debt or agreement Grantor has with Lender.
<br /> E. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information
<br /> that is untrue, inaccurate, or conceals a material fact at the time it is made or provided.
<br /> F. Judgment. Grantor fails to pay or discharge a judgment against Grantor for the payment of money, unless
<br /> within ten days of its entry the judgment is either satisfied or a stay of enforcement is granted pending
<br /> appeal.
<br /> G. Forfeiture. The Property is used in a manner or for a purpose which threatens confiscation by a legal
<br /> authority.
<br /> H. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender
<br /> before making such a change.
<br /> I. Property Trensfer. Grantor transfers all or a substantial part of Grantor's money or property.
<br /> J. Other Instruments. A default occurs under the terms of any instrument evidencing or pertaining to the
<br /> Secured Debts.
<br /> K. Insecurity. Anything else happens that causes Lender to reasonably believe that Lender will have difficulty
<br /> collecting the amount owed under the terms of the Secured Debts or signif �ntly impairs tf�e value of the
<br /> Property.
<br /> 14. REMEDIES. Lender may use any and all remedies Lender has under state or i��deral law or in any instrument
<br /> evidencing or pertaining to the Secured Debts, including, without limitation, the �-�wer to sell the Property. Any
<br /> r,n�ounts advanced on Grantor's behalf will be immediately due and may be add��d to the balance owing under
<br /> thc Secured Debts. Lender may make a claim for any and all insurance benefits u� iefunds that n�ay be available
<br /> �n Grantor's default.
<br /> Subject to any right to cure, required time schedules or other notice rights Grantor may have under federal and
<br /> state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately
<br /> due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or
<br /> anytime thereafter.
<br /> All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all 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 not
<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 /> 15. 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 attorneys' fees Lender incurs to
<br /> collect the Secured Debts as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br /> 16. ENVIRONMENTAL LA�NS 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 tederal, 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 /> JOHN F BELL
<br /> Nebraska Deed Of Trust
<br /> Initial
<br /> NE/2xxxxx0563000000000000003500000036n8 `�1996 Bankers Systems,Inc.,St.Cloud,MN Page 3
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