Laserfiche WebLink
<br />200708116 <br /> <br />of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired <br />for any reason. <br />14. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law <br />or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property. <br />Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing <br />under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be <br />available on Grantor's default. <br />Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal <br />and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts <br />immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of a <br />default or anytime thereafter. <br />If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, <br />advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. <br />Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to <br />be sold as required by the applicable law in effect at the time of the proposed sale. <br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in the following <br />order: to all fees, charges, costs and expenses of exercising the power of sale and the sale; to Lender for all <br />advances made for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon; <br />to the Secured Debts' principal and interest; and paying any surplus as required by law. Lender or its designee <br />may purchase the Property. <br />Upon any sale of the Property, Trustee will make and deliver a special or limited warranty deed that conveys the <br />property sold to the purchaser or purchasers. Under this special or limited warranty deed, Trustee will covenant <br />that Trustee has not caused or allowed a lien or an encumbrance to burden the Property and that Trustee will <br />specially warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful <br />claims and demand of all persons claiming by, through or under Trustee. The recitals in any deed of <br />conveyance will be prima facie evidence of the facts set forth therein. <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 happens again. <br />15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, <br />Grantor agrees to pay all expenses of collection, 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 />16. 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 />17. 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 />18. 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 /> <br />Clinton C Mankin <br />Nebraska Deed Of Trust <br />NE/4XX28366000005900005586024091407Y <br /> <br />0'1996 Sankers Systems, Inc.. St. Cloud, MN ~ <br /> <br />Initials <br />Page 3 <br />