201206347 - Laserfiche WebLink

Browse

20120634` sentences shall not apply to the presence, use, or storage on the Property of small quantities of Fiazardous Substances that are 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). Bonower 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 Properly 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, discharge, release or thre.at 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 Borrower leams, 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 Property is necessary, Borrower 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-UniformCovenants.Bonower and Lender covenant and agree as follows: 22. Acceleration; Remedies.Lender shall give 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 5ection 18 unless 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 secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower o1' the right to reinstate after acceleration and the right to bring a conrt action to assert the non-ezistence 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 fall of all snms secnred by tltis Secnrity Instrument without fnrther demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all ezpenses incurred in pnrsning the remedies provided in this Section 22, inclnding, bnt not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trnstee shall record a notice of default in each county in which any part of the Property 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, withont demand on Borrower, shall sell the Property at public auction to the higLest 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 determines. Trustee may postpone sale of aA 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 ProperLy. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and espenses of ezercising the power o! sale, and the sale, including the payment of the Trustee's lees actually incnrred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this SecuriLy Instrument; and (c) any ezcess to the person or persons legally entitled to i� NEBRASKASingle Family-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT VMP � WolteB Kluwer Financial Servic� Fo� soza �ro� � VMPB(NE) (1105).QO Page 14 of 17 �