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<br />at the t;me of the proposed sale-upon any ~I~ ~ ~h~ ~o~e::' Truste~m make and del;ver a spedal 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 or any other document relating to the Secured Debts. Expenses
<br />include, but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are
<br />payable on demand and will bear interest from the date of payment until paid in full at the highest interest rate
<br />in effect as provided for in the terms of Secured Debts. In addition, to the extent permitted by the United
<br />States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by lender to protect
<br />lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor.
<br />This Security Instrument will remain in effect until released. Grantor agrees to pay for any recordation costs of
<br />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 />(CERClA, 42 U.S.C. 9601 et seq.1, all other federal, state and local laws, regulations, ordinances, court orders,
<br />attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a
<br />hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste,
<br />pollutant or contaminant which has characteristics which render the substance dangerous or potentially
<br />dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any
<br />substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or
<br />"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 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 ag~inst 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. What 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 />Grantor will give lender and the insurance company immediate notice of any loss. All insurance proceeds will
<br />be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender
<br />acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to
<br />lender to the extent of the Secured Debts.
<br />Grantor will immediately notify lender of cancellation or termination of insurance. If Grantor fails to keep the
<br />Property insured, lender may obtain insurance to protect lender's interest in the Property and Grantor will pay
<br />for the insurance on Lender's demand. lender may demand that Grantor pay for the insurance all at once, or
<br />lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the
<br />
<br />RUSSEL A CANFIELD
<br />Nabraska Deed Of Trust
<br />NE/4XX28366000937100005187021090806Y
<br />
<br />@1996 Bankers Systems, Inc., St. Cloud, MN ~
<br />
<br />Initials ..... .... ._
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