Laserfiche WebLink
202207448 <br />rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and <br />liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and <br />agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender. <br />11. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 11, "Interest in the <br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial <br />interests transferred in a bond for deed, contract for deed, installment sales contract, or escrow agreement, the intent <br />of which is the transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred without Lender's prior <br />written consent, Lender may require immediate payment in full of the Secured Indebtedness. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a <br />period of not less than 30 days from the date the notice is given within which Borrower must pay the Secured <br />Indebtedness in full. If Borrower fails to pay the Secured Indebtedness in full prior to the expiration of this period, <br />Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on <br />Borrower. <br />12. Hazardous Substances. As used in this Section 12: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety, or environmental <br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute <br />to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, or allow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) that creates an <br />Environmental Condition, or (c) that, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower promptly shall give Lender written notice of (a) any investigation, claim, demand, lawsuit, or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge; (b) any Environmental Condition, <br />including but not limited to, any spilling, leaking, discharge, release, or threat of release of any Hazardous <br />Substance; and (c) any condition caused by the presence, use, or release of a Hazardous Substance that adversely <br />affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority or <br />any private party that any removal or other remediation of any Hazardous Substance affecting the Property is <br />necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />13. Escrow for Taxes and Insurance. Unless otherwise provided in a separate agreement, Borrower shall not <br />be required to pay in escrow to Lender funds for taxes, insurance, and other assessments. <br />14. Default. Borrower shall be in default under the HELOC and this Security Instrument if without limitation <br />any of the following occur: (a) Borrower engaged or engages in fraud or material misrepresentation in connection <br />with any aspect of the HELOC or this Security Instrument; (b) Borrower does not meet repayment terms under the <br />HELOC; (c) Borrower's action or inaction adversely affects the collateral for the HELOC or Lender's rights in the <br />collateral including without limitation: (i) Borrower's failure to maintain the insurance required under Section 3 of <br />this Security Instrument; (ii) Borrower's transfer of the Property as provided in Section 11 of this Security <br />Instrument; (iii) Borrower's failure to maintain the Property or use of the Property in a destructive manner; <br />(iv) Borrower's commission of waste of the Property; (v) Borrower's failure to pay taxes due on the Property or <br />NEBRASKA HELOC Deed of Trust with MERS <br />Page 6 of 9 <br />IDS, Inc. - 39409 <br />Borrower(s) Initials -N-/Z7 <br />�RII�1Wi{V9W'0�{'YI <br />