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<br />r / t I '" ;". ,,-' <br />~ "!; , \' .,'! <br /> <br />200808199 <br /> <br />:. If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, advertise <br />- and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will <br />give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required <br />by the applicable law in effect at the time of the proposed sale. <br /> <br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in the following order: to all <br />fees, charges, costs and expenses of exercising the power of sale and the sale; to Lender for all advances made for <br />repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon; to the Secured Debts' <br />principal and interest; and paying any surplus as required by law. Lender or its designee may purchase the Property. <br /> <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 that <br />Trustee has not caused or allowed a lien or an encumbrance to burden the Property and that Trustee will specially <br />warrant and defend the Property's title of the purchaser or purchasers at the sale against all lawful claims and <br />demand of all persons claiming by, through or under Trustee. The recitals in any deed of conveyance will be prima <br />facie evidence of the facts set forth therein. <br /> <br />All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or <br />equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on <br />the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not <br />constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any <br />remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. <br /> <br />14. 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 under <br />this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for <br />Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this <br />Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs and other legal expenses. <br />These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from <br />the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured <br />Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the <br />reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any <br />bankruptcy proceedings initiated by or against Grantor. <br /> <br />15. 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, <br />42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general <br />opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; <br />and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant <br />which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, <br />welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic <br />substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. <br /> <br />Grantor represents, warrants and agrees that: <br />A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance has been, is, <br />or will be located, transported, manufactured, treated, refined, or handled by any person on, under or about the <br />Property, except in the ordinary course of business and in strict compliance with all applicable Environmental <br />Law. <br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not cause, <br />contribute to, or permit the release of any Hazardous Substance on the Property. <br />C. Grantor will immediately notify Lender jf (1) a release or threatened release of Hazardous Substance occurs <br />on, under or about the Property or migrates or threatens to migrate from nearby property; or (2) there is a <br />violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary <br />remedial action in accordance with Environmental Law. <br /> <br />Ronald L. Follmer <br />Nebraska Deed OfTrust <br />NE/4XXSPAITZ00000000000111043092208N <br /> <br />@1998 Bankers Systems, Inc.. St. Cloud. MN ~ <br /> <br />Initials e.st.J <br />Page 5 <br />