|
- 24�.104430
<br />J: Name G�hange. � Grantor changes Grantor's name or assumes an additional name without notifying Lender
<br />before making such a change.
<br />iC. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This
<br />condition of default, as it relates to the transfer of the Property, is subject ta the restrictions contained in
<br />the DUE ON SALE section.
<br />L. Property Value. Lender determines in good faith that the value of the Property has declined or is
<br />impaired.
<br />M. Erosion. Any loan proceeds are used for a purpose that will contribute to excessive erosion of highly
<br />erodible land or to the conversion of wetlands to produce or make possible the production of an agricultural
<br />commodity, as further explained by federal law.
<br />N. Insecurity. Lender determines in goad faith that a material adverse change has occurred in Grantor's
<br />financial condition from the conditions set forth in Grantor's most recent financial statement before the date
<br />of this Security Instrument or that the prospect for payment or performance of the Secured Debts is
<br />impaired for any reason.
<br />14. REMEDIES. On or after the occurrence of an Event of Default, Lender may use any and all remedies Lender
<br />has under state or federal law or in any document relating to the Secured Debts, including, without (imitation,
<br />the power to sell the Property. Any amounts advanced on Grantor's behalf will be immediately due and may
<br />be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance
<br />benefits or refunds that may be avaitable on Grantor's default.
<br />Subject to any right to cure, required time schedules or any other notice rights Granfior may have under federal
<br />and state taw, 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 an
<br />Event of Default or anytime thereafter. .
<br />If there is an occurrence of an Event of Default, Trustee will, in addition to any other permitted remedy, at fihe
<br />request of Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the
<br />highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a
<br />description of the Property to be sold as required by the applicable law in effect at the time of the proposed
<br />sale.
<br />To the extent not prohibited by law, Trustee will apply the proceeds of the Property's sale in the fo((owing
<br />order: to all fees, charges, costs and expenses of exercising the power of sate and the sate; 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
<br />the property sold to the purchaser or purchasers, Under this special or limited warranty deed, Trustee will
<br />covenant that Trustee has not caused or allowed a lien or an encumbrance to burde.n the Property and that
<br />Trustee will specially warrant and defend the Property's title of the purchaser or purchasers at the sale against
<br />all lawful 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 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
<br />payment on the Secured Debts after the balance is due or is acceterated 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. COLLECTIOIV EXPENSES AND ATTORNEYS' FEES. On or after the occurrence of an Event of Default, to
<br />the extent permitted by law, Grantor agrees to pay all expenses of co!lection, enforcement or protection of
<br />Lender's rights and remedies under this Security Instrument or any other document relating to the Secured
<br />Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation
<br />costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to,
<br />attorneys' fees, court costs and other legal expenses. These expenses are due and payable immediately, If
<br />not paid immediately, these expenses will bear interest from the date of payment until paid in futt at the highest
<br />interest rate in effect as provided for in the terms of the Secured Debts. tn addition, fio the extent permitted by
<br />the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to
<br />protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against
<br />Grantor.
<br />16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmenta!
<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," vr
<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 has
<br />been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under
<br />KENNETH A KOHLHOF
<br />Nebraska Deed Of Truat
<br />NE/4AMOSE AN000000000006 21 06 5 0608 1 1 N Wolters Kluwer Financial Services °1998, 2011 Bankers SystemsTM Page 4
<br />.�
<br />
|