|
202400177
<br />Subject to any right to cure, required time schedules or any other notice rights Grantor may
<br />have under federal and state law, Lender may make all or any part of the amount owing by the
<br />terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner
<br />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
<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 wilt 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 />15. 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 />16. 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 />Brian M Harrenstein
<br />Nebraska Deed Of Trust
<br />NE/4XDJUNKER00000000003181046010524N Wolters Kluwer Financial Services, Inc.®1996, 2024 Page 6
<br />Bankers SystemsTM
<br />
|