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200400659 <br />Secured Debt rate and shall be payable, with interest, upon notice from Lender to Trustor <br />requesting payment. <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make <br />payment when due. Trustor will be in default if a breach occurs under the terms of this Security <br />Instrument or any other document executed for the purpose of creating, securing or guarantying the <br />Secured Debt. A good faith belief by Beneficiary that Beneficiary at any time is insecure with respect <br />to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value <br />of the Property is impaired shall also constitute an event of default. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to <br />provide Trustor with notice of the right to cure or other notices and may establish time schedules for <br />foreclosure actions. Subject to these limitations, if any, Beneficiary may accelerate the Secured Debt <br />and foreclose this Security Instrument in a manner provided by law if Trustor is in default. At the <br />option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal <br />shall become immediately due and payable, after giving notice if required by law, upon the occurrence <br />of a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies <br />provided by law, the terms of the Secured Debt, this Security Instrument and any related documents, <br />including without limitation, the power to sell the Property. If there is a default, Trustee shall, in <br />addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell the <br />Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey <br />absolute title free and clear of all right, title and interest of Trustor at such time and place as Trustee <br />designates. Trustee shall 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 the applicable law in effect at the time of the <br />proposed sale. Upon sale of the property and to the extent not prohibited by law, Trustee shall make <br />and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first <br />paying all fees, charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, <br />insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and <br />interest on the Secured Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the <br />Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth <br />therein. All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all <br />remedies provided at law or equity, whether or not expressly set forth. The acceptance by Beneficiary <br />of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated <br />or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require <br />complete cure of any existing default. By not exercising any remedy on Trustor's default, Beneficiary <br />does not waive Beneficiary's right to later consider the event a default if it continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. <br />Except when prohibited by law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches <br />any covenant in this Security Instrument. Trustor will also pay on demand any amount incurred by <br />Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property and Beneficiary's <br />security interest. These expenses will bear interest from the date of the payment until paid in full at the <br />highest interest rate in effect as provided in the terms of the Secured Debt. Trustor agrees to pay all <br />costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiarys' rights <br />and remedies under this Security Instrument. This amount may include, but is not limited to, <br />attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect <br />until released. Trustor agrees to pay for any recordation costs of such release. <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.), and 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 />NEBRASKA - DEED OF TRUST <br />LENE5 (0210) Page 5 of s 20032267800219 <br />