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201607320 <br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. <br />M. Other Events. Anything else happens that causes Lender to reasonably believe that the prospect of payment, performance <br />or realization of the Property is significantly impaired. <br />15. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender has under state or <br />federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. Any <br />amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. <br />Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. <br />Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, <br />Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this <br />Security Instrument in a manner 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 remedy, at the request of Lender, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will give <br />notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable <br />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 the following order: to all fees, <br />charges, costs and expenses of exercising the power of sale and the sale; to Lender for all advances made for repairs, taxes, <br />insurance, liens, assessments and 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 trustee's deed that conveys all right, title and interest to the <br />Property that was sold to the purchaser(s). The recitals in any deed of conveyance will be prima facie evidence of the facts set <br />forth therein. <br />All remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or equity, whether or <br />not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the <br />balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require <br />full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right, to later <br />consider the event a default if it continues or happens again. <br />16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the extent permitted <br />by law, Grantor agrees to pay all expenses of collection, enforcement, valuation, appraisal or protection of Lender's rights and <br />remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses <br />for Lender to inspect, valuate, appraise and preserve the Property and for any recordation costs of releasing the Property from this <br />Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. These <br />expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment <br />until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent <br />permitted by the United States 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 or against Grantor. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without <br />limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all <br />other federal, state and 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) Hazardous Substance means any <br />toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance <br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any <br />substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated <br />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 Substance has been, is, or will be <br />located, transported, manufactured, treated, refined, or handled by any person on, under or about the Property, except in the <br />ordinary course of business and in strict compliance with all applicable Environmental Law. <br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, contribute to, or <br />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 on, under or <br />about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation of any Environmental <br />Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with <br />Environmental Law. <br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to believe <br />there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous Substance <br />located on, under or about the Property; or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will <br />immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending or threatened <br />investigation, claim, or proceeding. In such an event, Lender has the right, but not the obligation, to participate in any such <br />proceeding including the right to 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 been, are and will <br />remain in full compliance with any applicable Environmental Law. <br />WILLIAM R CAREY <br />Nebraska Deed Of Trust <br />NE/4XXSPIEHS00000000009966020N <br />Wolters Kluwer Financial Services , "1996, 2016 Bankers Page 4 <br />SystemsT. <br />