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200210778 <br />disbursement at the Secured Debt rate and shall be payable, with interest, upon notice from Lender to Trus'lor rcyucs'ling <br />peynhcal <br />14. DEFAULT. Trustor will be in default if any party obligated on the Secured Debt fails to make paymmd when duc. Trustor will <br />be in dcfaull if a breach occurs under the terms of this Security Instrument or any other document executed for the purpose of <br />creating, securing or guarantying the Secured Debt A good faith belief by Beneficiary that Beneficiary at any time is insecure <br />with respect to any person or entity, obligated on the Secured Debt or that the prospect of any paymcnl or the value of the Property <br />is impaired shall also constitute an event of default. <br />15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Beneficiary to provide Trustor with notice of <br />the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, <br />Beneficiary °ruay accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Truster is in <br />default <br />At the option of Beneficiary, all or any part of the agreed fees and charges, accrued interest and principal shall become <br />immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In <br />addition, Bcucficimn shall be entitled to all the remedies provided by law, the terms of the Sectored Debt, this Security Instrument <br />and any related documents, including without limitation, the power to sell the Property. <br />If there is a dcfaull, Trustee shall, in addition to any other permitted remedy, at the request of the Beneficiary, advertise and sell <br />the Property as a whole or in separate parcels at public auction to the highest bidder for cash and convey absolute title free and <br />clear of all right, title and interest of Trustor at such time and place as Trustee designates. Trustee shall give notice of sate <br />including the time, terms 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 shake and deliver a deed to the Property sold <br />which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Beneficiary all moneys <br />advanced for repairs, taxes, insurance, liens, assessments and prior CrlclrillbuTuCCS and interest thereon, and the principal and <br />interest on the Secured 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 Ihercin_ All remedies are distnet, cumulative and not <br />exclusive, and the Beneficiary is entitled to all remedies provided at law or equity, whether or not expressly set forth. The <br />acceptance by Beneficiary of any sum in payment or partial payment tun the Secured Debt after the balance is due or is accelerated <br />or after foreclosure proceedings are filed shall not constitute a waiycr of Beneficiary's right to require complete cure of any <br />existing default. By not exercising any remedy on Truslor's default, Beneficiary does not waive Beneficiary's right to later <br />consider the event a default if it continues or happens again. <br />16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by <br />law, Trustor agrees to pay all of Beneficiary's expenses if Trustor breaches any, covenant in this Security Instrument. Trustor will <br />also pay on demand any amount incurred by Beneficiary for insuring, inspecting, preserving or otherwise protecting the Property <br />and Beneficiary's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest <br />interest rate in effect as provided in the terms of the Secured Deb. Trustor agrees to pay all costs and expenses incurred by <br />Beneficiary in collecting, enforcing or protecting Bcneficiarys' rights and remedies under this Security Instrument. This amount <br />may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in <br />effect until released. 'Trustor agrees to pay for any recordation costs of such release. <br />17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, <br />without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 el <br />seq.), and all other federal, slate and local lays, regulations, ordinances, court orders, attorney general opinions or interpretive <br />letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means <br />any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance <br />dangerous or polcnlizlly dangerous to the public health, safety, welfare or environment The term includes, without limitation, any <br />substances defined as °hazardous material," "toxic substances," "hazardous waste," or 'hazardous substance" tinder any <br />Environmental Law_ <br />Tmslor represents, warrants mid agrees that: <br />A. Except as prcviously disclosed and acknowledged in writing to Beneficiary, no Hazardous Substance is or will be located, <br />stored or released on or in the Property. This resfuction does not apply to small quantifies of Hazardous Substances that are <br />generally recognized to he appropriate for the normal use and maintenance of the Property. <br />B. Except as previously disclosed and acknowledged in writing to Beneficiary, Trustor and every tenant have been, are, and <br />shall rcrumn in full compliance with any applicable Environmental Law. <br />C. Trustor shall immediately notify Beneficiary if a release or threatened release of a I lazardous Substance occurs on, under or <br />about the Properly or there is a violation of any Environmental Law concerning the Property. In such an event, Trustor shall <br />lake all necessary remedial action in accordance with any Environmental Law. <br />NEBRASKA -DEED OF I'In Sh' <br />rQ127D (06 2002) <br />