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201104673 <br />C. 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 good 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 limitation, <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 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 of th,e 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 the <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 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 <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 burden 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 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 daes 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 the occurrence of an Event of Default, to <br />the extent permitted by law, Grantor agrees to pay all expenses of collection, 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 full at the highest <br />interest rate in effect as provided for in the terms of the Secured Debts. In addition, to 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) 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 has <br />been, is, or will be located, transported, manufactured, treated, refined, or handled by any person on, under <br />or about the Property, except in the ordinary course of business and in strict compliance with all applicable <br />Environmental Law. <br />B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and will not <br />cause, contribute to, or permit the release of any Hazardous Substance on the Property. <br />JAMES R JANDA <br />Nebraska Deed Of Trost <br />NE/4AMOSEMAN000000000006 21 048061 5 1 1 N Wolters Kluwer Financial Services °1996, 2011 Bankers Systems'"' Page 4 <br />�� <br />