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200211194 <br />Grantor warrants and represents that no default exists under the Leases, and the parties subject to the Leases <br />have not violated any applicable law on 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. Payrgents. 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 it 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 prime 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 it 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 />ICERCLAI, 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 />Mark Bonser <br />Nebraska Deetl Of T-1 Initials _ <br />IA14XV 14091200600000003652020080502Y s1996.Bankera S,..ka , Ina, S1. Cloud, MN F-,-. y, Page 3 <br />