|
r r
<br />202008545
<br />hereby agrees to indemnify and hold harmless Lender and its directors, officers, employees, and
<br />agents, and any successors to Lender's interest, from and against any and all claims, damages,
<br />losses, and liabilities arising in connection with the presence, use, disposal, or transport of any
<br />Hazardous Materials on, under, from, or about the Property. THE FOREGOING
<br />WARRANTIES AND REPRESENTATION, AND BORROWER'S OBLIGATIONS
<br />PURSUANT TO THE FOREGOING INDEMNITY, SHALL SURVIVE RECONVEYANCE
<br />OF THIS DEED OF TRUST.
<br />8. Borrower shall not sell, transfer, assign, convey, or further encumber all or any
<br />part of or any interest in the Property hereinabove described, either voluntarily or involuntarily,
<br />without the express prior written consent of Lender, or as otherwise herein permitted; and in the
<br />event of any such sale, transfer, assignrnent, conveyance, or transfer in violation of this
<br />provision, Lender shall have the option to declare all sums secured hereby immediately due and
<br />payable.
<br />9. If Borrower fails to perform the covenants and agreements herein contained,
<br />Lender may do and pay for whatever is necessary to protect the value of the property and
<br />Lender's rights in the Property, including the paying of any sum secured by a lien which has
<br />priority over this Deed of Trust, appearing in Court, paying reasonable attorney fees, and
<br />entering the Property to make repairs. Any amount disbursed by Lender under this paragraph
<br />shall become an additional debt of Borrower secured by this Deed of Trust, to bear interest from
<br />the date of disbursement, and said amount, together with the then -unpaid principal amount, shall
<br />bear interest at the highest lawful rate until refunded by Borrower.
<br />10. The proceeds of any condemnation award are hereby assigned and shall be paid to
<br />Lender and shall be applied to the sums secured by this Deed of Trust, whether or not then due,
<br />with any excess to be paid to Borrower.
<br />11. Any extensions or modifications of the loan granted by Lender to any successor in
<br />interest of Borrower shall not operate to release the liability of the original Borrower or
<br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
<br />shall not be a waiver of or preclude the exercise of any right or remedy.
<br />12. Any notice to Borrower provided for in this Deed of Trust shall be given by
<br />delivering it or mailing it by First -Class Mail, unless Nebraska Law requires use of another
<br />method, at the Borrower's last -known address.
<br />13. This Deed of Trust shall be governed by Nebraska Law.
<br />14. Lender shall give notice to Borrower following Borrower's breach of any
<br />covenant or agreement in this Deed of Trust and the Debt that it secures. The notice shall
<br />specify (a) the default, (b) the action required to cure the default, (c) a date not less than ten (10)
<br />days from the date the notice is given to Borrower by which the default must be cured, and (d)
<br />that failure to cure the default on or before the date specified in the notice may result in
<br />acceleration of the sum secured by this Deed of Trust and sale of the Property pursuant to the
<br />power of sale herein granted. The notice shall further inform Borrower of the right to reinstate
<br />after acceleration and the right to bring a court action to assert the nonexistence of a default or
<br />any other defense of Borrower to acceleration and sale.
<br />If default is not cured on or before the date specified in the notice, Lender, at its option,
<br />may require immediate payment in full of all sums secured by this Deed of Trust without further
<br />demand and may invoke the power of sale and any other remedies permitted by Nebraska Law.
<br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />paragraph or otherwise taken to protect its interest in collateral described in this Deed of Trust or
<br />enforce any provisions hereof, including but not limited to reasonable attorney fees and costs of
<br />title evidence.
<br />15. If the power of sale is invoked, Trustee shall record a notice of default in each
<br />county in which any part of the Property is located and shall mail copies of such notice in the
<br />manner prescribed by Nebraska law. Trustee, without demand on Borrower, shall sell the
<br />Property, at public auction to the highest bidder at the time and place and under the terms
<br />designated in the notice of sale, in one or more parcels and in any order Trustee determines.
<br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the
<br />
|