200306736 - Laserfiche WebLink

Browse

200306736 response action, remedial action, or removal action, as defined in Environmental Law; and (d) an Environmental Condition means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two 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 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 Property and any Hazardous Substance or Environmental Law of which Borrower 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 condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified 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 Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22.Accelcration; Remedies.Lender shall give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable 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 in Borrower, by which the default must be eared; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument 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 - existence of a default or any other defense of Borrower In acceleration and sale. B the default is not cumd on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured 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 collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited w, 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 pail 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 taw, 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 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 determines. Tmstce may postpone sale of all or any parcel of the Properly 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, 'Foster shall deliver to the purchaser Trustees deed conveying the Property. The recitals in the Trustees deed shall be prima facie evidence of the With of the statements made therein. Trustee shall apply the proceeds of the sale in the following order. (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustees fees actually incurred and reasonable attorneys fees M permitted by Applicable law; (b) to all sums secured by this Security instrument; and (c) any excess in the person or persons legally entitled in it 23. Reeonveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instnment and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Properly, but only if the fee is paid to a third party (such as the Tmstee) for services rendered and the charging of the fee is permitted under Applicable Law. 24.Substitute Trustee. Lender, et its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. NEBRASKA Singic Family Fannie Flu /Frrldir 51ac UNIFORM N'STRUN E T Form 3028 INI caewnnao ITEM 19150110111) (P., 10.rH P.gtlf) To Orr., 0.11, sen5,09393Fau 0107911131 OcNE10 M's, Gable, b. NO... Abrtpepa ia9naNaier