201207185 - Laserfiche WebLink

Browse

20120��5 sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous 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). Borrower shall prompfly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regt�latory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual l�owledge, (b) any Environmental Condition, 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 Borrower learns, or is notif'ied by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Enviro�ental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non-Uniform Covenants. Borrower 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 Secnrity Instrament (bnt not prior to acceleration under Section 18 nnl� Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cnre the default; (c) a date, not l�s than 30 days from the date the notice is given to Borrower, by which the defanit must be cured; and (d) that failnre to cure the defanit on or before the date sg�ified in the notice may result in acceleration of the snms secured by this Security Instrument and sale of the Property. The notice ahall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-effistence 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 r�uire immediate payment in fnll of all snms secured by this Secnrity Instrument withont further demand and may invoke the power of sale and any other remedi� permitted by Applicable Law. Lender shall be entitled to collect all exgens� incnrred in pursaing the remedi� provided in this Section 22, including, bnt not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trastee shall record a notice of default in each connty 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 r�nired by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trastee, withont demand on Borrower, shall sell the Property at pnblic auction to the highest 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 postgone sale of all or any parcel of the Property by pnblic annonncement at the time and place of any previonsly scheduled sale. Lender or its designee may pnrchase the Property at any sale. Upon r�eipt of payment of the price bid, Trnst.ee shall deliver to the purchaser Trustee's deed conveying the Progerty. The recitals in the Trustee's deed shall be prima facie evidence of the hvth of the statements made therein. Trustee ehall apply the proceeds of the sale in the following order: (a) to all costs and expe� of ezercising the power of sale, and the sale, inclnding the payment of the Trustee's fees actnally incnrred and reasonable attorneys' fe� as permitted by Applicable Law; (b) to all sums s�ured by this Secnrity Instrument; and (c) any exc� to the person or persons legally entitled to i� NEBRASKA-Sir�la Famlly-Fannla Mae/Fraddie Mac UNIFORM IN5TRUMENT Form 3028 1/01 VMP � VMP8INE! f11061.00 Wolmra Kluwer Financial Services Paga 14 of 17