201203967 - Laserfiche WebLink

Browse

R� -RECORDED 2 p� 2 0 3 2�� 2012039f 7 . - , . � sentences shall not apply to the presence, use, or storage on the Properry of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Prop�rty (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender wriuen notice of (a) any investigafion,' claim demand, lawsuit or other action b� any governmental or regulatory agency or private parry involving Yhe Progerry and any Hazardous Substance or Euvironmental Law of which Bonower has actual knowledge, (b) any Environmeutal Condition, including but not limited to, auy 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 Substauce which adversely affects the value of the Property. If Bonower learns, or is notif'ied by any governmental oc regulatory authoriry, or any private party, that any removat or other remediation of any Hazardous Substance affecting the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non-Uniform Covenants. Borrower and L.ender covenant and agree as follows: 22. Acceleration; Remedies. Lender shall g�ve notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provid� otherwise). The natice 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 w}uch the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may r�ult in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Bortower of the right to reinstate after acceleration and the right to bring a court action to assert the non-e�stence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate 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 expens� incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fe� and costs of title evidence. If the power of sale is invoked, Trustee shall record a notice of default in each county in wluch any part of the Property is located and shall mail copi� of such notice in the manner pr�cribed 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 Bortower, shall sell the Property at public auction to the lughest 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 Trustee determin�. 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, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitaLs in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the prceeeds 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 fees actually incurred and reasonable attorneys' fe� as germitted by Applicable Law; (b) to all sums secured by t}us Security Instrument; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 �p p VMP61NE1 (11051.00 Wokers Kluwer Financial Services ' Page'14 of 17