201106790
<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 does not waive Lender's right to later consider the event a default if it
<br />continues or happens again.
<br />14. 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 />15. 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 />C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous Substance
<br />occurs on, under or about the Property or migrates or threatens to migrate from nearby property; or (21
<br />there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all
<br />necessary remedial action in accordance with Environmental Law.
<br />D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no knowledge of or
<br />reason to believe there is any pending or threatened investigation, claim, or proceeding of any kind relating
<br />to (1) any Hazardous Substance located on, under or about the Property; or (2) any violation by Grantor or
<br />any tenant of any Environmental Law. Grantor will immediately notify Lender in writing as soon as Grantor
<br />has reason to believe there is any such pending or threatened investigation, claim, or proceeding. In such an
<br />event, Lender has the right, but not the obligation, to participate in any such proceeding including the right
<br />to receive copies of any documents relating to such proceedings.
<br />E. 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 />F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground storage
<br />tanks, private dumps or open wells located on or under the Property and no such tank, dump or well will be
<br />added unless Lender first consents in writing.
<br />G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property, and
<br />confirm that all permits, licenses or approvals required by any applicable Environmental Law are obtained
<br />and complied with.
<br />H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect the
<br />Property and review all records at any reasonable time to determine (11 the existence, location and nature of
<br />any Hazardous Substance on, under or about the Property; (2) the existence, location, nature, and
<br />magnitude of any Hazardous Substance that has been released on, under or about the Property; or (3)
<br />whether or not Grantor and any tenant are in compliance with applicable Environmental Law.
<br />I. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a qualified
<br />environmental engineer to prepare an environmental audit of the Property and to submit the results of such
<br />HARTMAN EXOTICS, INC. --
<br />Nebraska Deed Of Trust
<br />NE/ 4AMOSEMAN00000000000621022090611 N Wolters Kluwer Financial Services X1996, 2011 Bankers SystemsT" Paga 4
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