Laserfiche WebLink
202100224 <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 />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 />RODNEY E. PETERSON <br />Nebraska Deed Of Trust <br />NE/4XWOOLERY00000000002375023N Wolters Kluwer Financial Services ©1996, 2020 Bankers Page 5 <br />Systems."' <br />