201201285 - Laserfiche WebLink

Browse

2�12012�� 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 Properiy (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 parly involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condirion, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Bonower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessazy, Bonower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein sha11 create any obligation on Lender for an Environmental Cleanup. Non-Unifarm Covenants. Borrower and Lender covenant and agree as follows: 22. AccelerafiQn; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Imshument (but not prior to acceleration under 5ection 18 unleas Applicable Law provides otherwise). 1'�e notice sball specify: (a) the default; (f�) the action required to cure the default; (c) a date, not less tLan 31! e3ays from the date the notice is given to Borrow�, by which the default must be cured; and (d) that failure to cure the default on or before t�e date specified in the notice may result in acxeteration of tbe sums secured by t6is �uity I�strument �d �te of t!►e Property. The �tice shall fi�rtber inform Barrower of the right to reii�tate af�r acceleration and the right to bri� a caurt action to a�sert the aon-existence o€ a default or any ot�er defe�se �f Bc�rrow� to acceleration and sale. If the default is not cured on or b�€ore t6e date specifted in t�e notice, Lender at its option may require imm�iate payment in full of ail sums s�ured by � S�urity Tnstr�ment veithout furti�er demand and may invake the pov�er of sale and any other sem�ies per�nitted by Apglieable Law. Lender shall be entitted to collect all expenses incurred in pursuing the remedies pro�ided in this Section 22, including, bnt not limital to, reasona6le attorneys' f�s and casts of title evidence. I€ tT�►e power of s�le ic invoked, Trustee shall record a natice of defavlt in each county in wl�ich any gart of t6e Property is tocated attd sliall mail copies of such notice in the manner prescribed by Apglicable Law to �orrower and to the other persons prescribed by App}icable Law. After the time requir�l by Apglicable 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 highest bidder at the time and place and under the terms designat� in the notice of sale in one or more parcels and in any order Trustee determines. Trust� may postpune 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, Trustee shall deliver to the purchaser Trustce's dced conveying the Progerty. The r�itals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trust� shall apply the procceds of the sale in the following order: (a) to all costs and egpenses of exercising the power of sale, and the sale, including the payment of the Trustee's fee,s actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums s�ured by this 5ecurity Instrument; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-S(ngle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1lOt VMP � VMP6�NE) (1105) Wolters Kluwer Financfal Services Page 14 of 17