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201905856
<br />F. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts.
<br />G. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender.
<br />H. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is
<br />untrue, inaccurate, or conceals a material fact at the time it is made or provided.
<br />I. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
<br />J. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority.
<br />K. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before
<br />making such a change.
<br />L. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of
<br />default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section.
<br />M. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired.
<br />N. Material Change. Without first notifying Lender, there is a material change in Grantor's business, including
<br />ownership, management, and financial conditions.
<br />O. Other Events. Anything else happens that causes Lender to reasonably believe that the prospect of payment,
<br />performance or realization of the Property is significantly impaired.
<br />16. REMEDIES. On or after the occurrence of an Event of Default, I,ender may use any and all remedies Lender has under
<br />state or federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the
<br />Property. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under
<br />the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's
<br />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
<br />Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash.
<br />Trustee will give notice of sale 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 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 />\Il remedies are distinct, cumulative and not exclusive, and Lender is entitled to all remedies provided at law or equity, whether
<br />or 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 />17. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to the
<br />extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement, valuation, appraisal or protection of
<br />Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor
<br />agrees to pay expenses for (,ender to inspect, valuate, appraise and preserve the Property and for any recordation costs of
<br />releasing the Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and
<br />other legal expenses. These expenses arc due and payable immediately. If not paid immediately, these expenses will bear
<br />interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the
<br />Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the
<br />reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy
<br />proceedings initiated by or against Grantor.
<br />18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law
<br />means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C.
<br />9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
<br />interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) hazardous
<br />Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which
<br />render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term
<br />includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous
<br />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 Ilazardous 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
<br />the 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
<br />to, or permit the release of any I Iazardous Substance on the Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of I lazardous 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
<br />Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in
<br />accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason to
<br />believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any Hazardous
<br />Substance located on, under or about the Property; or (2) any violation by Grantor or any tenant of any Environmental
<br />l,aw. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any such pending
<br />K3 PROPERTIES LLC
<br />Nebraska Deed Of Trust
<br />NE/4XXXKAREN00000000002027042N Wolters Kluwer Financial Services ©1996, 2019 Bankers Page 4
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