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<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. Expenses include, but are not limited to, attorneys' fees, court
<br />costs and other legal expenses. These expenses are payable on demand and will bear interest from the date of
<br />payment until paid in full at the highest interest rate in effect as provided for in the terms of Secured Debts. To
<br />the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys'
<br />fees Lender incurs to collect the Secured Debts as awarded by any court exercising jurisdiction under the
<br />Bankruptcy Code. This Security Instrument will remain in effect until released. Grantor agrees to pay for any
<br />recordation costs of 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.), 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. This insurance may
<br />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
<br />insurance.
<br />20. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and
<br />insurance in escrow.
<br />21. CO- SIGNERS. If Grantor signs this Security Instrument but does not sign the Secured Debts, Grantor does
<br />so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does
<br />not agree to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between
<br />Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or
<br />KATHRYN LYN VANDEBERG
<br />Nebraska Deed Of Trust Initials
<br />NE/ 4XX28325000815100004558022122304Y °1996 Bankers Systems, Inc., St. Cloud, MN Ex Page 3
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