|
201704191
<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 /> 16. 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 /> 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 /> 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 /> proceeding of any kind relating to (1) any Hazardous Substance located on, under or about
<br /> the Property; or (2) any violation by Grantor or any tenant of any Environmental Law.
<br /> Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br /> 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
<br /> 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
<br /> tenant have been, are and will remain in full compliance with any applicable Environmental
<br /> Law.
<br /> F. Except as previously disclosed and acknowledged in writing to Lender, there are no
<br /> underground storage tanks, private dumps or open wells located on or under the Property
<br /> and no such tank, dump or well will be added unless Lender first consents in writing.
<br /> G. Grantor will regularly inspect the Property, monitor the activities and operations on the
<br /> Property, and confirm that all permits, licenses or approvals required by any applicable
<br /> Environmental Law are obtained and complied with.
<br /> FRANCISCO J TINAJERO
<br /> Nebraska Deed Of Trust
<br /> NE/4XXXXHAKE00000000001289017N Wolters Kluwer Financial Services©1996,2017 Bankers Page 5
<br /> SystemsT5
<br />
|