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_.., ,~:,~~. , . , ~oiooss93 <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 far repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon; <br />to the Secured Debts' principal and interest; and paying any surplus as re,7uired icy ia•,v, 1_ender or its designee <br />may purchase the Property. <br />Upon any sale of the Property, Trustee will mace and deliver a special or limited warranty deed fret ;,on~Ays <br />the property sold to the purchaser or purchasers, Under this special or limited warren*.~~ de~:d, Ti+.as#ee will <br />covenant that Trustee has not caused nr allowed a lien or an encumbrance to k~urdan thw ~r~~pec~ty and t'~1at <br />Trustee will specially warrant and defend the Property's title of the purchaser or purchasers at the ,ale against <br />all lawful claims and demand of all persons claiming by, through or under Trustee, The recitals iy~ 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 <br />law or equity, whether nr not expressly set forth. The acceptance by Lender of any sum in payment ar 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. CDLLECTION EXPENSES AND ATTORNEYS' FEES. On yr after Default, to the extent penritted 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 <br />Property from this Security Instrument. Expenses include, but are not limited to, attorneys' fees, court costs <br />and other legal expenses. These expenses are due and payable immediately. If not paid immediately, these <br />expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as <br />provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States <br />Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's <br />rights and interests in connection with any bankruptcy proceedings initiated by ar against Grantor. <br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, 111 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 121 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 <br />of 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 />an, 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 <br />or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any <br />STEVEN A RETZLAFF <br />Nebraska Oead Of Trust <br />NE/4XLTIRREL00000000000601052090210N Wolters Kluwer Financial Services "1996, 2010 Bankers SystemsT"^ Page 5 <br />I IIII III IIIIIIIII IIII IIII III IIIIIII IIII II IIIIIIII II IIII IIII IIIIIIIIIIIIIIIII I ~IIIIIIIIII~II IIII Illall IIIII1IIIIIII III <br />