|
<br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity,
<br />whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts
<br />after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right
<br />to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right
<br />to later consider the event a default if it continues or happens again.
<br />15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor
<br />agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security
<br />Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and
<br />preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include,
<br />but are not limited to, attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately.
<br />If not paid immediately, these expenses 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 the Secured Debts. In addition, to the extent permitted by the United States
<br />Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and
<br />interests in connection with any bankruptcy proceedings initiated by or against Grantor.
<br />16. 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, 42
<br />U.s.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or
<br />interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous
<br />Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which
<br />rende:- the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term
<br />includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste,"
<br />"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 is or will be located,
<br />stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that
<br />are generally recognized to be appropriate for the normal use and maintenance of the Property.
<br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and
<br />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 on, under or
<br />about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Grantor
<br />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 pending or
<br />threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or
<br />the violation of any Environmental Law.
<br />17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public
<br />entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor
<br />authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender
<br />the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the
<br />Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This
<br />assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document.
<br />18. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property.
<br />Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released
<br />from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of
<br />the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which wili not be unreasonably
<br />withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee
<br />clause. "
<br />Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to
<br />restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged
<br />condition, Grantor's rights to any insurance policies and proceeds will pass to 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 Property
<br />insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on
<br />Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance
<br />premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This
<br />insurance may include coverages not originally required of Grantor, may be written by a company other than one Grantor
<br />would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor
<br />acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance.
<br />19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
<br />insurance in escrow.
<br />20. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Grantor
<br />does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree
<br />by signing this Security Instrumem to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty
<br />between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim
<br />against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-
<br />deficiency or one-action laws.
<br />21. SUCCESSOR TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor
<br />--without :my ather farmality -tha-n th.e designation in ":riting.-~-he &Ucco~s()r t:r'~:;~,without cGlw~yanre-0f ~ Property, will
<br />succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applicable law.
<br />22. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights
<br />relating to the Property.
<br />23. APPLICABLE LAW. This Security Instrument is governed by the laws of Nebraska, the United States of America, and
<br />to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are
<br />preempted by federal law .
<br />24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security
<br />Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with
<br />any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security
<br />Instrument for the remaining Property. Grantor agrees that Lender and any party to this Security Instrument may extend,
<br />modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a
<br />
<br />200610972
<br />
<br />Bruce R Rieker
<br />Nebraska Deed Of Trust
<br />NE/4XX232 I 15009371??oo5187021 I 13006Y
<br />
<br />@1996 Bankers Systems, Inc., Sr. Cloud, MN ~
<br />
<br />
<br />.~)I
<br />
|