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201702770 <br /> Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that <br /> may be available on Grantor's default. <br /> Subject to any right to cure, required time schedules or any other notice rights Grantor may <br /> have under federal and state law, Lender may make all or any part of the amount owing by the <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 trustee's deed that conveys all <br /> right, title and interest to the Property that was sold to the purchaser(s). The recitals in any <br /> deed of conveyance 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 /> 17. 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 /> 18. 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 has been, is, or will be located, transported, manufactured, treated, refined, or <br /> handled by any person on, under or about the Property, except in the ordinary course of <br /> 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 <br /> and will not cause, contribute to, or permit the release of any Hazardous Substance on the <br /> Property. <br /> C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous <br /> Substance occurs on, under or about the Property or migrates or threatens to migrate from <br /> nearby property; or (2) there is a violation of any Environmental Law concerning the <br /> Property. In such an event, Grantor will take all necessary remedial action in accordance <br /> with Environmental Law. <br /> D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no <br /> knowledge of or reason to believe there is any pending or threatened investigation, claim, or <br /> LORNA D WAGONER <br /> Nebraska Deed Of Trust <br /> NE/4CHAPPOLD00000000001289043042017N Wolters Kluwer Financial Services©1996,2017 Bankers Page 5 <br /> Systemse" <br />