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<br />and foreclose this Security Instrument in a manner provided by law upon the occurrence of a default or anytime
<br />thereafter.
<br />If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, advertise
<br />and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will
<br />give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required
<br />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 the following order: to all
<br />fees, charges, costs and expenses of exercising the power of sale and the sale; to Lender for all advances made for
<br />repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon; to the Secured Debts'
<br />principal and interest; and 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 special or limited warranty deed that conveys the
<br />property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will covenant that
<br />Trustee has not caused or allowed a lien or an encumbrance to burden the Property and that Trustee will specially
<br />warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and
<br />demand of all persons claiming by, through or under Trustee. The recitals in any deed of conveyance will be prima
<br />facie evidence of the facts set forth therein.
<br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or
<br />equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on
<br />the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not
<br />constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any
<br />remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again.
<br />16. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law,
<br />Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under
<br />this Security Instrument. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for
<br />any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited
<br />to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately. If not
<br />paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest
<br />rate in effect as provided for in the terms of the Secured Debts. To the extent permitted by the United States
<br />Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debts
<br />as awarded by any court exercising jurisdiction under the Bankruptcy Code.
<br />17. 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 (CERCLA,
<br />42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general
<br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance;
<br />and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant
<br />which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety,
<br />welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic
<br />substance," "hazardous waste," "hazardous substance," or "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 has been, is,
<br />or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the
<br />Property, except in the ordinary course of business and in strict compliance with all applicable Environmental
<br />Law.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause,
<br />contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance occurs
<br />on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a violation
<br />of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial
<br />action in accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or reason
<br />to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating to (1) any
<br />Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or any tenant of
<br />any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor has reason to
<br />believe there is any such pending or threatened investigation, claim, or proceeding. In such an event, Lender has
<br />the right, but not the obligation, to participate in any such proceeding including the right to receive copies of any
<br />documents relating to such proceedings.
<br />E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been,
<br />are and will remain in full compliance with any applicable Environmental Law.
<br />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be added
<br />unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and confirm
<br />that all permits, licenses or approvals required by any applicable Environmental Law are obtained and complied
<br />with.
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the Property
<br />and review all records at any reasonable time to determine (1) the existence, location and nature of any
<br />Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and magnitude of any
<br />Hazardous Substance that has been released on, under or about the Property; or (3) whether or not Grantor and
<br />any tenant are in compliance with applicable Environmental Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such audit
<br />to Lender. The choice of the environmental engineer who will perform such audit is subject to Lender's approval.
<br />Komer, LLC
<br />Nebraska Deed Of Trust Initials
<br />NE/ 4XX26386900815100004558020120804Y -1996 Bankers Systems, Inc., St. Cloud, MN C Page 4
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