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<br />a default or anytime thereafter. In addition, Beneficiary shall be entitled to all the remedies provided by
<br />law, the Evidence of Debt, other evidences of debt, this Deed of Trust and any related documents
<br />including without limitation, the power to sell the Property.
<br />If there is a default, Trustee shall, in addition to any other permitted remedy, at the request of the
<br />Beneficiary, advertise and sell the Property as a whole or in separate parcels at public auction to the
<br />highest bidder for cash and convey absolute title free and clear of all right, title and interest of Trustor at
<br />such time and place as Trustee designates. Trustee shall give notice of sale including the time, terms
<br />and place of sale and a description of the property to be sold as required by the applicable law in effect
<br />at the time of the proposed sale.
<br />Upon sale of the Property and to the extent not prohibited by law, Trustee shall make and deliver a deed
<br />to the Property sold which conveys absolute title to the purchaser, and after first paying all fees,
<br />charges and costs, shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens,
<br />assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured
<br />Debt, paying the surplus, if any, to Trustor. Beneficiary may purchase the Property. The recitals in any
<br />deed of conveyance shall be prima facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Beneficiary is entitled to all remedies
<br />provided at law or equity, whether expressly set forth or not. The acceptance by Beneficiary of any sum
<br />in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after
<br />foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's right to require full and
<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 />19. Expenses; Advances on Covenants; Attorneys' Fees; Collection Costs. Except when prohibited by law,
<br />Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any covenant in this Deed of
<br />Trust. Trustor will also pay on demand all of Beneficiary's expenses incurred in collecting, insuring,
<br />preserving or protecting the Property or in any inventories, audits, inspections or other examination by
<br />Beneficiary in respect to the Property. Trustor agrees to pay all costs and expenses incurred by
<br />Beneficiary in enforcing or protecting Beneficiary's rights and remedies under this Deed of Trust,
<br />including, but not limited to, attorneys' fees, court costs, and other legal expenses. Once the Secured
<br />Debt is fully and finally paid, Beneficiary agrees to release this Deed of Trust and Trustor agrees to pay
<br />for any recordation costs. All such amounts are due on demand and will bear interest from the time of
<br />the advance at the highest rate in effect, from time to time, as provided in the Evidence of Debt and as
<br />permitted by law.
<br />20. 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
<br />(CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court
<br />orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare,
<br />environment or a hazardous substance; and (2) "Hazardous Substance" means any toxic, radioactive or
<br />hazardous material, waste, pollutant or contaminant which has characteristics which render the
<br />substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The
<br />term includes, without limitation, any substances defined as "hazardous material," "toxic substances,"
<br />"hazardous waste" or "hazardous substance" under any Environmental Law. Trustor represents,
<br />warrants and agrees that, except as previously disclosed and acknowledged in writing:
<br />A. No Hazardous Substance has been, is, or will be located, transported, manufactured, treated,
<br />refined, or 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. Trustor has not and will not cause, contribute to, or permit the release of any Hazardous
<br />Substance on the Property.
<br />Agricultural/Commercial Real Estate Security Instrument -NE
<br />© 2024 Wolters Kluwer Financial Services, Inc.
<br />All rights reserved.
<br />AGCO-RESI-NE 5/1/2024
<br />124051.00
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