Laserfiche WebLink
1 <br /> 99 111573 <br /> . Borrower shall promptly give Lendex writte� notice of any investigation, claim, demand, lawsuit or other action by any <br /> . governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law <br /> of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that <br /> any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take <br /> all necessary remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by <br /> Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br /> pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in <br /> this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br /> relate to health, safety or environmental protection. <br /> NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach <br /> of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless <br /> applicable law provides otherwise). Tbe notice shall specify: (a) the default; (b) the action required to cure the default; <br /> (c) a date, not less than 30 days from the date tbe notice is given to Borrower, by which the default must be cured; and <br /> (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br /> secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br /> reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br /> defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, <br /> Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without <br /> further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be <br /> entitled to collect all expenses incurred in parsuing the remedies provided in this paragraph 21, including, but not limited <br /> to, reasonabte attorneys' fees and costs of title evidence. <br /> If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of the <br /> Property is located and shall mail copies of such notice in the manner prescribed by applicable law to Borrower and to <br /> the other persons prescribed by applicable law. After tbe time required by applicable law, Trustee shall give public notice <br /> of sale to the persons and in the manner prescribed by applicable law. Trustee, without demand on Borrower, shall sell <br /> the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of <br /> sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the <br /> Property by public announcement at the time and place of any previously scbeduled�sale. Lender or its designee may <br /> purchase the Property at any sale. <br /> _ Upon receipt of payment of the price bid, Trustee shall deliver to the purcbaser Trustee's deed conveying the _ <br /> Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br /> Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of <br /> sale, and the sale, including the payment of the Trustee's fees actually incurred, not to exceed the�.of 50.00 or � qo <br /> of the principal amount of the note at the time of the declaration of default, and reasonable attorneys' fees as permitted <br /> by law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to <br /> it. <br /> 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to <br /> reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security <br /> Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally <br /> entitled to it. Such person or persons shall pay any recordation costs. <br /> 23. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to <br /> any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recarded. Without <br /> conveyance of the Property, the successar trustee shall succeed to all the title, power and duties conferred upon Trustee herein <br /> and by applicable law. <br /> 24. Request for Notices. Borrower requests that copies of the notices of default and sale be sent to Borrower's address <br /> which is the Property Address. <br /> 25. Riders to this Security Instrument. If one or mar� riders are executed by Borrower and recorded together with this <br /> Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement <br /> the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. <br /> [Check applicable box(es)] <br /> � Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider <br /> 0 Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider <br /> 0 Balloon Rider 0 Rate Improvement Rider � Second Home Rider <br /> �V.A. Rider � Other(s) [specify] <br /> BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and <br /> in any rider(s) executed by Borrower and recorded with it. <br /> Witnesses: <br /> (Seal) <br /> John W CTeigh -Borrower <br /> �� �f/ �'t"� � (Seal) <br /> Brenda L Creigh -so�rowcr <br /> (Seal) � � . ��—C� (Seal) <br /> -Borrower -Borrower <br /> STATE OF NEBRASKA, County ss: Adams <br /> The foregoing instrument was acknowledged before me this 24th day of September , 1999 . <br /> bY John W Creigh Brenda L Creigh • � <br /> Witness my hand and notarial seal at Hastings NE in said County, the date aforesaid. � <br /> My Commission Expires������ ( � /��--,-. ``�/ti�'�- <br /> Notary Public <br /> III GENERAL NOTARY State oi Nebraska <br /> KATHLEEN M.DE$SENBERGER <br />� u„en,�,m Cve/n 1 1 Q 1 0�. `�L� a. . . . �--- �...... ....... <br />