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200407144
<br />right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sale
<br />including the time, terms and place of sale and a description of the property to be sold as required by the
<br />applicable law in effect 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 to the
<br />Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs,
<br />shall pay to Beneficiary all moneys advanced for repairs, taxes, insurance, liens, assessments and prior
<br />encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if
<br />any, to Trustor. Beneficiary may purchase the Property. The recitals in any deed of conveyance shall be prima
<br />facie evidence of the facts set forth therein.
<br />The acceptance by Beneficiary of any sum in payment or partial payment on the Secured Debt after the balance
<br />is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Beneficiary's
<br />right to require complete cure of any existing default. By not exercising any remedy on Trustor's default,
<br />Beneficiary does not waive Beneficiary's right to later consider the event a default if it happens again.
<br />10. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. If Trustor
<br />breaches any covenant in this Security Instrument, Trustor agrees to pay all expenses Beneficiary incurs in
<br />performing such covenants or protecting its security interest in the Property. Such expenses include, but are not
<br />limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Beneficiary's
<br />security interest. These expenses are payable on demand and will bear interest from the date of payment until
<br />paid in full at the highest rate of interest in effect as provided in the terms of the Secured Debt. Trustor agrees to
<br />pay all costs and expenses incurred by Beneficiary in collecting, enforcing or protecting Beneficiary's rights
<br />and remedies under this Security Instrument. This amount may include, but is not limited to, Trustee's fees,
<br />court costs, and other legal expenses. To the extent permitted by the United States Bankruptcy Code, Trustor
<br />agrees to pay the reasonable attorneys' fees Beneficiary incurs to collect the Secured Debt as awarded by any
<br />court exercising jurisdiction under the Bankruptcy Code. This Security Instrument shall remain in effect until
<br />released. Trustor agrees to pay for any recordation costs of such release.
<br />11. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
<br />Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and
<br />Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations,
<br />ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety,
<br />welfare, 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 substance
<br />dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes,
<br />without limitation, any substances defined as "hazardous material," "toxic substances," "hazardous waste" or
<br />"hazardous substance" under any Environmental Law.
<br />Trustor represents, warrants and agrees that:
<br />A. Except as previously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is
<br />or will be located, stored or released on or in the Property. This restriction does not apply to small
<br />quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and
<br />maintenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant
<br />have been, are, and shall remain in full compliance with any applicable Environmental Law.
<br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a Hazardous Substance
<br />occurs on, under or about the Property or there is a violation of any Environmental Law concerning the
<br />Property. In such an event, Trustor shall take all necessary remedial action in accordance with any
<br />Environmental Law.
<br />D. Trustor shall immediately notify Beneficiary in writing as soon as Trustor has reason to believe there is
<br />any pending or threatened investigation, claim, or proceeding relating to the release or threatened release
<br />of any Hazardous Substance or the violation of any Environmental Law.
<br />12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor
<br />will not be required to pay to Beneficiary funds for taxes and insurance in escrow.
<br />13. JOINT AND INDIVIDUAL LIABILITY; CO- SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All
<br />duties under this Security Instrument are joint and individual. If Trustor signs this Security Instrument but does
<br />not sign an evidence of debt, Trustor does so only to mortgage Trustor's interest in the Property to secure
<br />payment of the Secured Debt and Trustor does not agree to be personally liable on the Secured Debt. If this
<br />Security Instrument secures a guaranty between Beneficiary and Trustor, Trustor agrees to waive any rights that
<br />may prevent Beneficiary from bringing any action or claim against Trustor or any party indebted under the
<br />obligation. These rights may include, but are not limited to, any anti - deficiency or one - action laws. The duties
<br />and--Ferielits of this Security Tnstrumeri-f sliaff bind and bt iefit the successors and assigns of Trustor and
<br />Beneficiary.
<br />14. SEVERABILITY; INTERPRETATION. This Security Instrument is complete and fully integrated. This
<br />Security Instrument may not be amended or modified by oral agreement. Any section in this Security
<br />Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will
<br />not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any
<br />section of this Security Instrument cannot be enforced according to its terms, that section will be severed and
<br />will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall
<br />include the plural and the plural the singular. The captions and headings of the sections of this Security
<br />AU #: 62590
<br />NEBRASKA - HOME EQUITY LINE OF CREDIT DEED OF TRUST (NOT FOR FNMA, C FHA, OR VA USE)
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<br />1/31/2003 Borrower's Initials: 91
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