201209426 - Laserfiche WebLink

Browse

�O��Q9� 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 noimal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any invesrigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Bonower has actual knowledge, (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 condirion caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Bonower learns, or is notified by any governmental or regulatory authority, or any private pazty, that any removal or other remediation of any Hazardous Substance affecting the Property is n�essary, Borrower shall promptly take all nec;essary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non-Uniform Covenants. 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 agr�ment in this 5ecurity Instrument (but not prior to acceleration under Section 18 unless Apglicable 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 wWch the default must be cured; and (d) that failure to cure the default on or before tt�e date specified in the notice may result in acceleration of the sums secured by this Security Instrumeut and sale af the Property. The notice shall further inform Borrower of the right to reinstate af�er acceleration and the right to bring a court action to assert the non-existence of a defatilt or any other defense of Barrow+er 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 secnred 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 colle,ct all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees 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 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, without demand on Borrower, shall sell the Property at public suction to the higbest 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 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 Pro�rty. The recitals in the Trust�'s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the procceds of the sale in the following order: (a) to all costs and e�nses of exercising the gower of sale, and the sale, including the payment of the Trustee's fces actually incurr� and reasonable attorneys' fee,s as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-Single Famliy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/07 VMP � VMPB(NE) (1105) Walters Kluwer Financial Services Page 14 of 17