Laserfiche WebLink
200214063 <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any I lazardous Substances, or <br />threaten to release any hazardous Substances, on or in the Property. Borrower Shall not do, not allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Eavuonmentul Law, (b) which creates an Environmental <br />Condition, or (c) wine It, due to the presence, use, m release of Hazardous Substance, create. a condition that adversely <br />affects the valucofdhe Property. The preced trig two smadu es shall not apply to the presence, a se, or storage on the Property <br />of small quantities ofliazardous Substances that are generally recognized to he appropriate to normal residential uses and to <br />maintenance of die Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any inveadgation, claim, demand, lawsuit or other action <br />by any governments[ or regulatory agency or private puny involving the Property and any hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, <br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presence, use or release of a hazardous Substance which adversely affects the value of the Property. If Ban ower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other remediztion of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessaty remedial actions in <br />accordance wi th Enviromnental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows'. <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; @) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which <br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the <br />non- existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of all sums <br />securer] by this Security Instrument without further demand and may invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall he entitled to collect all expenses incurred in pursuing the <br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale is invoked, Trustee shall record a notice ofdefault in each county in which any part of <br />the Properly is located and shall mail copies of such notice in the manner prescribed by Applicable Lawto Borrower <br />and b, the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall <br />give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand <br />on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the <br />terns designated in the notice of sale in one or more parcels and In any order Trustee determines. Trustee may <br />postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously <br />scheduled sale. fender or its designee may purchase the Properly at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recital, in the Trustee's deed shall be prima facie evidence of the truth of the statements matte <br />therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all assts and expcnscs of exercising <br />the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable <br />attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security Instrument;; and (c) any <br />excess to the person or persons legally entitled to it. <br />23. Reconveyanee. Upon payment of all toms secured by this Security Instrument, I crater shall request It to <br />re- convey 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 wm-ranty to the person or persons legally entitled to it. <br />Such person or persons shall pay any recordation cost. Lender may charge such per son or persons a tee for reconveying the <br />Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is <br />permitted under Applicable Law. <br />24. Substitute Trustee. Leader, at it option, may feat time to time remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded_ Without conveyance of the Property, the successor uustee shall succeed real[ the title, power and duties conferred <br />upon Trustee herein and by Applicable law, <br />25. Request for Notices. Borrower requests that copies ol'the notice of default and sale be sent to Borrowei s <br />address which is the Property Address. <br />BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security <br />Instrument and in any Rider executed by Borrower and recorded with it. <br />Witnesses: <br />�eiYj (Scary <br />Bonawer Aaron L Scholz �— <br />(Seal) <br />Borrow$[ cy A Scholz <br />(Seal) <br />Borrower <br />(Seal) <br />NEBRASKA Single Palmiy-- FannlcNlu✓Freddie Mae I1NIFORM INSTRUMENT Fnrm302S 1 /01 (page Jufapageel <br />in 11 W0.11 1634859 <br />