201208190 - Laserfiche WebLink

Browse

�o�2osigo 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 Properly (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 party involving the Properly 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 Hazazdous 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 Progerly is necessary, Borrower shall prompfly 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 Lender covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accelerationfollowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 nnl�s Applicable Law provides otherwise). The notice shall specify: (a) the defanit; (b) the action required to cnre the defanit; (c) a date, not l�s than 30 days from the date the notice is given to Borrower, by which the default mnst be cured; and (cn that failure to cure the defanit on or before the date speci�ed in the notice may result in acceleration of the sums secured by this Secnrity Insirument and sale of the Property. The notice shall further inform Borrower 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 cnred on or before the date specified in the notice, Lender at its option may reqnire immediate payment in full of all sums secured by this Secnrity 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 egpenses incurred in pursning the remedi� 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 which any part of the Property is located and shall mail copi� of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time reqnired by Applicable Law, Trustee shall give public notice of sale to the perso�s and in the manner prescribed by Applicable Law. Trustee, withont demand on Borrower, shall sell the Property at pnblic anction to the high�t bidder at the time and place and under the terms d�ignated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may gostpone sale of all or any parcel of the Property by public announcement at the time and place of any previously schednled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trastee 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 proceeds of the sale in the following order: (a) to all costs and egpens� of ezercising the power of sale, and the sale, including the payment of the Trastee's fees actually incnrred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all snms secured by this Security Instrument; and (c) any excess to the person or gersons legally entitled to it. NEBRASKA-Singla FamllyFennia Mae/Fraddfe Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMP6(NE► (11061.00 WolLara Kluwer Finarxlal Services Page 14 of 17