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<br />Security Instrument is immediately effective between Grantor and Lender and effective as to third parties on the
<br />recording of this Assignment. As long as this Assignment is in effect, Grantor warrants and represents that no
<br />default exists under the Leases, and the parties subject to the Leases have not violated any applicable law on
<br />leases, licenses and landlords and tenants.
<br />13. DEED OF TRUST COVENANTS. Grantor agrees that the covenants in this Security Instrument are material
<br />obligations under the Secured Debts and this Security Instrument. If Grantor breaches any covenant in this
<br />Security Instrument, Lender may refuse to make additional extensions of credit or may reduce the credit limit.
<br />By not exercising either remedy on Grantor's breach, Lender does not waive Lender's right to later consider the
<br />event a breach if it happens again.
<br />14. DEFAULT. Grantor will be in default if any of the following occur:
<br />A. Payments. Any party obligated on the Secured Debts fails to make a payment when due.
<br />B. Property. Any action or inaction occurs that adversely affects the Property or Lender's rights in the
<br />Property.
<br />15. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security
<br />Instrument, Lender may accelerate the Secured Debts and foreclose this Security Instrument in a manner
<br />provided by law if Grantor is in default. In some instances, federal and state law will require Lender to provide
<br />Grantor with notice of the right to cure, or other notices and may establish time schedules for foreclosure
<br />actions.
<br />At the option of the Lender, all or any part of the agreed fees and charges, accrued interest and principal will
<br />become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or
<br />anytime thereafter. Lender will be entitled to, without limitation, the power to sell the Property.
<br />If there is a default, Trustee will, at the request of the Lender, advertise and sell the Property as a whole or in
<br />separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale including the
<br />time, terms and place of sale and a description of the Property to be sold as required by applicable law in effect
<br />at the time of the proposed sale. Upon any sale of the Property, Trustee will make and deliver a special or
<br />limited warranty deed that conveys the property sold to the purchaser or purchasers. Under this special or
<br />limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an encumbrance
<br />to burden the Property and that Trustee will specially warrant and defend the Property's title of the purchaser or
<br />purchasers at the sale against all lawful claims and demand of all persons claiming by, through or under Trustee.
<br />Upon sale of the Property and to the extent not prohibited by law and after first paying all fees, charges and
<br />costs, Trustee will pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior
<br />encumbrances and interest thereon, and the principal and interest on the Secured Debts, paying the surplus, if
<br />any, to Grantor. Lender may purchase the Property. Upon any sale of the Property, Trustee will make and
<br />deliver a special or limited warranty deed that conveys the property sold to the purchaser or purchasers. Under
<br />this special or limited warranty deed, Trustee will covenant that Trustee has not caused or allowed a lien or an
<br />encumbrance to burden the Property and that Trustee will specially warrant and defend the Property's title of
<br />the purchaser or purchasers at the sale against all lawful claims and demand of all persons claiming by, through
<br />or under Trustee. The recitals in any deed of conveyance will be prima facie evidence of the facts set forth
<br />therein.
<br />The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is
<br />due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to
<br />require complete cure of any existing default. By not exercising any remedy on Grantor's default, Lender does
<br />not waive Lender's right to later consider the event a default if it happens again.
<br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Grantor breaches
<br />any covenant in this Security Instrument, Grantor agrees to pay all expenses Lender incurs in performing such
<br />covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees
<br />incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest. Grantor
<br />agrees to pay all costs and expenses incurred by Lender in collecting, enforcing, or protecting Lender's rights
<br />and remedies under this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court
<br />costs and other legal expenses. These expenses are payable on demand and will bear interest from the date of
<br />payment until paid in full at the highest interest rate in effect as provided for in the terms of Secured Debts. To
<br />the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys'
<br />fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the
<br />Bankruptcy Code. This Security Instrument will remain in effect until released. Grantor agrees to pay for any
<br />recordation costs of such release.
<br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental
<br />Law 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 orders,
<br />attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a
<br />hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste,
<br />pollutant or 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 limitation, any
<br />substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or
<br />"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 Substance is or will
<br />be located, stored or released on or in the Property. This restriction does not apply to small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of
<br />the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have
<br />been, are, and will remain in full compliance with any applicable Environmental Law.
<br />James E Kolar
<br />Nebraska Deed Of Trust Initials
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