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<br />200705880 e <br /> <br />Upon sale of the Property and to , 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.l, 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 against 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 />rate that applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, <br />may be written by a company other than one Grantor would choose, and may be written at a higher rate than <br />Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one <br />of Lender's affiliates may receive commissions on the purchase of this insurance. <br /> <br />Mary Krista Burling <br />Nebraska Deed Of Trust <br />NE/4XX28366000005900005586020061207Y <br /> <br />@1996 Bankers Systems, Inc., St. Cloud. MN ~ <br /> <br />Initials <br />Page 3 <br />