|
<br />
<br />200700253
<br />All remedies are distinct, cumulative and not exclusive, and the lender is entitled to all remedies provided at law
<br />or equity, whether or not expressly set forth. The acceptance by lender of any sum in payment or partial
<br />payment on' the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are
<br />filed will not constitute a waiver of lender's right to require full and complete cure of any existing default. By
<br />not exercising any remedy, lender does not waive lender's right to later consider the event a default if it
<br />continues or h~ppens again.'
<br />16. COll.Ec'rrbNEXPENSES'AND ATTORNEYS'F;EES. On orafterDefault,to the extent permitted by law,
<br />Grantor agree's ,to pay all c?,pElnSeS of colleqtion, 'enforcement or protection of lender's rights and remedies
<br />under this Security Instrument or any other 'document relating to the Secured Debts. Grantor agrees to pay
<br />expenses for lender to inspect and preserve the Property and for any recordation costs of releasing the Property
<br />from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other
<br />legal expenses. These expenses are due and payable immediately, If not paid immediately, these expenses will
<br />bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in
<br />the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code,
<br />Grantor agrees to pay the reasonable attorneys' fees incurred by lender to protect lender's rights and interests
<br />in connection with any bankruptcy proceedings initiated by or against Grantor.
<br />17. ENVIRON~ENTAl. l~~_A,~R, H~,~NJ99,Y~ SlJ_~S!~1\J9l=S.,:!\s ~s~.d ,irJ.~hl~., ~ectio~, (1) En~iro.~_mental
<br />law means, without limitation, the ComprenenslveEnvlronmental Response, Compensation and liability ,Act
<br />(CERClA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders,
<br />attorney general opinions or interpretive l'3tters concorning 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 Environmenta,l la"".
<br />Grantor represents, warrants and agrees that: 'i . '" .., .
<br />A. Except ~s previously disclosed and acknowledged in writing to lender, no Hazardous Substance has been,
<br />i~,: or will.be located, tr<ms~ort!3d, m,~,q\-lfacture~, treated, refined, ~r h~~dled by.~ny pers,on ~n", ~n~er. ,?r
<br />about the Propeny, except, In. the ordl[lary course of business, and In strict compliance with all applicable
<br />Environmental law. '", .:' . " ,. -, ' -','
<br />'.1 ',I '.' ., '
<br />B. Except as previously disclosed an.d €\cknowledged in writing to lender, Grantor has not arid will not cause,
<br />\1 ,I " .
<br />contribute to, or permit the release of any Hazardous Substance on the Property.
<br />C. Grantor will immediately notify lender if (ll a release or threatened release of Hazardous Substance
<br />occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there
<br />is a violation of any Environmental law concerning the Property. In such an event, Grantor will take all
<br />necessary remedial action in accordance with Environmental law.
<br />D. Except as previously disclosed and acknowledged in writing to lender, Grantor has no knowledge of or
<br />reason to believe there is any pe~9ing or threaten 3d investigation, claim, or proceeding of any kind relating to
<br />(1) any Hazardous Subsu:lnce"loJdted'':''I, under or ab-:Jutthc Proparty i or (2) en,! vk,lfrtion by Grantor or any
<br />tenant of any Environmental law. Grantor will immediately notify lender in writing as soon as Grantor has
<br />reason to believe there is any such' pen9ing or threatened investigation, claim, or proceeding. In such an
<br />event, lender has the right, but not the Ubligation, to participate in any such proceeding including the right to
<br />receive copies of any documents relating to such proceedings.
<br />E. Except uS 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 />F. Except as previously disclosed and aClknowledged in writing to lender, there are no underground storage
<br />tanks, private dumps or 9pen wells 10G~t~d on or under the Property and no such tank, dump or well will be
<br />aqdedunles.~ Lender first consents in wri'ting. .
<br />G. ,Gr,antor will r,egularly inspect the Pr.3p.erty, monitor the activities and operations on the Property, and
<br />corifirm that'aiipermits, licens~sot ap~tbXtals required by any applicable Environmental law are obtained and
<br />complied with. .,; , , " '
<br />." ! "'. I l " 'N .
<br />H. Grantor will permit, or 'cause any ten'ant to permit,' tender or lender's agent to enter and inspect the
<br />Property and review all r~cords at any reasonable time to determine (1) the existence, location and nature of
<br />any Hazardous Substance on, under or a~ollt the Property; (2) the existence, location, nature, and magnitude
<br />of any Hazardous Substance that has been released on, under or about the Property; or (3) whether or not
<br />Grantor and any tenant are in compliance with applicable Environmental law.
<br />I. Upon lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br />environmental engineer to prepare ~n ~nvironmental audit of the Property and to submit the results of such
<br />audit to lender, The choice of the environmental engineer who will perform such audit is subject to lender's
<br />approval. c"
<br />. ~' , -.,1' ,. , , .
<br />J. lender has the right, 'but not the obligation, to perform any of Granior's obligations under, this section at
<br />Grantor's expense.
<br />K. As a consequence of any breach of any representation, warranty or promise made in this section, (1)
<br />Grantor will indemnify and hold lender and lender's successors or assigns harmless from and against all
<br />losses, claims, demands, liabilities, damages, cleanup, response and remediation costs, penalties and
<br />expenses, including without limitation all costs of litigation and attorneys' fees, which lender and lender's
<br />"
<br />successors or assigns may sustain; );tnd (2) at lender's discretion, lender may release this Security
<br />Instrument and in return Grantor will provide lender with collateral of at least equal value to the Property
<br />wi~hout prejudice to any of lender's rights underthis Security Instrument,
<br />LNotwithstanding any of the languagecbntainedin this' Security Instrument to the contrary, the terms of
<br />this section will 'survive any foreclosure 'or satisfaction of this Security InstrUment regardless of any passage
<br />, I' ..' 'Ij.:.. f: " " .'.,'/"1'" ,.. .
<br />of title to lender or any disposition by Lender of any or all of the Property. Any claims and defenses, to the
<br />. '
<br />contrary are hereby waived. "
<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 />
<br />Michael D. Raasch
<br />Nebraska Deed Of Trust
<br />NE/4XX232204009371000051870161,12006Y
<br />
<br />@1996 Bankers Systems. Inc.. St. Cloud. MN ~
<br />
<br />Initials
<br />Page 4
<br />
<br />/~'! '~4, ,,' ,. ',' "..' '~'::'" ". ":::':." !: \,~ ,"I. l,. . <:"
<br />'~'~;i~, . . ,t:li;'lfl~jk'+)::'~f';~~ , I J ;' " .;
<br />""':tii~:\M~"\Yq1Jr,: ;r,',": c' ,.. , ,
<br />
|