|
201801442
<br />state law will require Lender to provide Grantor with notice of the right to cure, or other notices
<br />and may establish time schedules for foreclosure actions.
<br />At the option of Lender, all or any part of the agreed fees and charges, accrued interest and
<br />principal will become immediately due and payable, after giving notice if required by law, upon
<br />the occurrence of an Event of Default or anytime thereafter. Lender will be entitled to, without
<br />limitation, the power to sell the Property.
<br />If there is an occurrence of an Event of Default, Trustee will, at the request of Lender, advertise
<br />and sell the Property as a whole or in separate parcels at public auction to the highest bidder for
<br />cash. Trustee will give notice of sale including the time, terms and place of sale and a
<br />description of the Property to be sold as required by applicable law in effect at the time of the
<br />proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law and after first paying all fees,
<br />charges and costs, Trustee will pay to Lender all moneys advanced for repairs, taxes,
<br />insurance, liens, assessments and prior encumbrances and interest thereon, and the principal
<br />and interest on the Secured Debts, paying the surplus, if any, as required by law. Lender may
<br />purchase the Property. Upon any sale of the Property, Trustee will make and deliver a trustee's
<br />deed that conveys all right, title and interest to the Property that was sold to the purchaser(s).
<br />The recitals in any deed of conveyance will be prima facie evidence of the facts set forth
<br />therein.
<br />The acceptance by Lender of any sum in payment or partial payment on the Secured Debts
<br />after the balance is due or is accelerated or after foreclosure proceedings are filed will not
<br />constitute a waiver of Lender's right to require complete cure of any existing default. By not
<br />exercising any remedy on Grantor's default, Lender does not waive Lender's right to later
<br />consider the event a default if it happens again.
<br />17. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If
<br />Grantor breaches any covenant in this Security Instrument, Grantor agrees to pay all expenses
<br />Lender incurs in performing such covenants or protecting its security interest in the Property.
<br />Such expenses include, but are not limited to, fees incurred for inspecting, valuating,
<br />appraising, preserving, or otherwise protecting the Property and Lender's security interest.
<br />Grantor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing, or
<br />protecting Lender's rights and remedies under this Security Instrument or any other document
<br />relating to the Secured Debts. Expenses include, but are not limited to, attorneys' fees, court
<br />costs and other legal expenses. These expenses are payable on demand and 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 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. This Security Instrument will remain in effect until released. Grantor agrees
<br />to pay for any recordation costs of such release.
<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 is or will be located, stored or released on or in the Property. This restriction
<br />does not apply to small quantities of Hazardous Substances that are generally recognized to
<br />be appropriate for the normal use and maintenance of the. Property.
<br />B. 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 />C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous
<br />Substance occurs on, under or about the Property or there is a violation of any
<br />Environmental Law concerning the Property. In such an event, Grantor will take all
<br />necessary remedial action in accordance with any Environmental Law.
<br />D. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe
<br />there is any pending or threatened investigation, claim, or proceeding relating to the release
<br />ANDREW C KOLAR
<br />Nebraska Deed Of Trust
<br />NE /4XXXXHAKE00000000001544023N Wolters Kluwer Financial Services °1996, 2018 Bankers Page 4
<br />Systemsr"
<br />
|