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200302363 <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 reteesc. -- - - - - - - <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), 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 <br />substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste; pollutant <br />or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the <br />public health, safety, welfare or environment. The term includes, without limitation, any substances defined as <br />"hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance' <br />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 />C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs <br />on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In <br />such an event, Grantor will take all necessary remedial action in accordance with any Environmental Law. <br />D. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any <br />pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any <br />Hazardous Substance or the violation of any Environmental Law. <br />18. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or <br />public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br />other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or <br />claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a <br />condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and <br />will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of <br />any prior mortgage, deed of trust, security agreement or other lien document. <br />19. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the <br />Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the <br />Property is released from this Security Instrument. Whet Lender requires pursuant to the preceding two <br />sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, <br />subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will <br />include a standard "mortgage clause" and, where applicable, "loss payee clause." <br />Nebraska Deed Of TrvR pa 3 <br />NE/ 4% X203330006000000n31]0019021003Y 01996 Banker Systems, Inc., 3G Cl—d, MN FT­—tS" 4a <br />