201200761 - Laserfiche WebLink

Browse

2oi2oo7s� sentences shall not apply to the presence, use, or storage on the Property of sma11 quantities of Hazardous Substances that aze generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, dischazge, release or threat of release of any Ha�rdous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affexts the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous 5ubstance affecting the Properiy is necessary, Bonower shall promptly take all necessary remedial acrions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: 22. Accelerafion; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this S�urity Instrument (but not prior to acceleration under Section 18 unl�ss Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums s�ured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to accelerallon and sale. If the default is not cured on or before the date speci�ed in the notice, Lender at its option may require immed�tate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fces and costs of Htle evidence. IF the power of sale is invoked, Trustce shall record a notice of default in each county in which any part of the P�operty is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the tughest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustce determin�s. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid,l�vstee shall deliver to the purchaser T�ust�'s dced conveying the Property. The recitals in the Trustee's dced shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the procceds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fces actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 7/01 VMP p VMPBINE) (11051 Wolters Kluwer Finencial Services Page 14 of 17 ti A{ Y ' i . �