|
20120214v
<br />to Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take con�tive action
<br />provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
<br />gasoline, kerosene, other flainmable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
<br />(c) "Environtnental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,
<br />or threatera to release any Hazardous Substances, on or in the Property. Bonower shall not do, nor allow anyone else
<br />to do, anything affecting the Properly (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance
<br />or Environmental I,aw of which Bonower has actual knowledge, (b) any Environmental Condition, including but not
<br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Bonower learns, or is notified by any governmental or regulatory authority, or any private party, that
<br />any removal or other remediation of any Hazardous Substance affecting the Property is n�essary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that Failure to cure the default on or before the date specified in the
<br />notice may result in acceleration oF the sums sexured by this Security Instrument and sale of the Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court
<br />action to assert the non-existence of a default or any other defense of Borrower to acceleraHon and sale. If the
<br />default is not cured on or before the date s�cified in the noHce, Lender at its option may require immediate
<br />payment in full of all sums secured by ttus Security Instrument without further demand and may invoke the
<br />power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all
<br />expenses incurred in pursuing the remedi� provided in this Section 22, including, but not limited to, reasonable
<br />attorneys' f�,s and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part
<br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons pre�cribed by Applicable Law. After the time required by Applicable Law,
<br />Trustee shall give public notice of sale to the �rsons and in the manner prescribed by Applicable Law. Trustee,
<br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the fime and
<br />place and under the terms designated in the notice of sale �n one or more parcels and in any order Trustee
<br />determine.s. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br />and place of any previously schedtiled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trust�'s deed conveying
<br />the Property. 1'he recitals in the Trustee's dced shall be prima facie evidence of the truth of the statements
<br />made therein. Trustee shall apply the procceds of the sale in the following order: (a) to all costs and expenses
<br />of exercising the power of sale, and the sale, including the payment of the Trustee's f� actually incurred and
<br />reasonable attorneys' fe�s as permitted by Applicable Law; (b) to all sums secured by this S�urity Instrument;
<br />and (c) any exce.ss to the person or persons legally entitled to it.
<br />23. Reconveyance. Upon payment of a11 sums secured by this Security Instrument, Lender sha11 request Trustee
<br />to reconvey the Property and sha11 surrender this Security Instrument and all notes evidencing debt se,�ured by this
<br />Security Instrument to Trustee. Trustee shall rec;onvey the Properiy without warranty to the person or. persons legally
<br />entitled to it. Such person or persons shall pay any recordation costs. Lender may chazge such person or persons a
<br />fee for r�onveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered
<br />and the charging of the fee is permitted under Applicable Law.
<br />24. Substitute Trustce. Lender, at its option, may from time to time remove Trustee and appoint a successor
<br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument
<br />is recorded. Without conveyance of the Properly, the successor trustee shall succeed to all the title, power and duties
<br />conferred upon Trustee herein and by Applicable Law.
<br />_�.� �_
<br />NEBRASKA--Single Family--Fanni�'A7re/F�e�die Mac UNIFORM INSTRUMENT - MERS poclyeg/c�
<br />Form 3028 1/01 Page 9 of 11 www.docmagic.com
<br />Ne3028.mzd.�l
<br />
|