Laserfiche WebLink
<br />V3 WBCD LOAD I 502142852 <br />Information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan <br />is serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower <br />will remain with the Loan Servicer or be transferred to a successor Loan Servlcer and are not assumed by the Note <br />purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, Join, or be Joined to any Judicial action (as either an individual litigant <br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges <br />that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section <br />15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to <br />take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, <br />that time period will be deemed to be reasonable for purposQll of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuantto Section 22 and the notice of acceleration given to Borrower pursuant <br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section <br />20. <br />21. Hazardous Substances. As used in this Section 21 : (a) "Hazardous Substances. are those substances defined <br />as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos orfonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws <br />of the jurisdiction where the Property Is located that relate to health, safety or environmental protection; (c) <br />"Environmental Cleanup. includes any response action, remedial action, or removal action, as defined in Environmental <br />Law; and (d) an "environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Borrower shall not cause or pennlt 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, nor allow anyone else <br />to do, anything affecting the Property (a) that Is In Violation of any Environmental Law, (b) Which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that <br />adversely affects the value of the Property. lhe preceding two sentences shall not apply to the presence, use, or storage <br />on the Property of small quantitIes of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property Oncluding, but not limited to, hazardous substances in consumer <br />products). <br />Borrower shall promptly give Lender written notice of (a) any Investigation, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party InvoMng the Property and any Hazardous Substance or <br />Environmental Law of wh Ich Borrower has actual knowledge, (b) any Environmental Condition, including but not limited <br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. <br />If Borrower learns, or is notllled by any governmental or regulatory authority, or any private party, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions In aecordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br /> <br />200805387 <br /> <br />NON-UNIFORM COVENANTS. BorrowQr and Lender further covenant and agree as follows: <br />22. Acceleratlonj Remedlee. Lender shall give notice to Borrower prior to acceleration following Borrower'a <br />breach of any covensnt or agreement In this Security Inatrument (but not prior to acceleration under Section 18 <br />unlen Applicable Law provides otherwise). The notice ahall spClClfy: (a) the defaultj (b) the action required to <br />cure the defaultj (c) a date, n01le88 than 30 dayafrom the date the notice Is given to Borrower, by which the default <br />muet be cured; and (d) that failure to cure the default on or before the date epClClfled In the notice may reault in <br />acceleration of the aum. aacured by thl. Security Instrument and aale of the Property. The notice shall further <br />Infonn Borrower of the right to reinstate after ac~leratlon and the right to bring a court action to auert the non. <br />existence of s default or any other defenaa of Borrower to acceleration and aale. If the default la not cured on <br />or before the date specified in the notice, Lender at Ita option may require Immediate paymant In full of all eums <br />secured by this Security Instrument without further demand and may invoke the power of aale and any other <br />remedies permitted by Applicable Law. lender shall be enWed to collect all expenaaalncurred In pursuing the <br />remedies provided In this Section 22, Int;:ludlng, but not limited to, reasonable attorneys' fMS and costa of We <br />evidence. <br />If the power of aale Is Invoked, Truatee shall record a notice of default In each county in which any part of <br />the Property Is located and ehall mall copies of such notice In the manner prescribed by Applicable Law to <br />Borrower and to the other parsons prescribed by Applicable Law, After the time required by Applicable Law, <br />Trustee ehall give public notice of aale to the persons and In the manner preecrlbed by Applicable Law. Trustee, <br />without demand on Borrower, shall sell the Property et public auction to the highest bidder at the time and place <br />snd under the terme designated In the notice of sale In one or mo", parcele and In any order TruatM determines. <br />Trustee may postpone sale of all or any percel of the Property by public announ~ment at the time and place of <br />sny previously echeduled aale. Lender or Ita dealgn.. may purc:haaa the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser 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 <br />therein. Trustee shall apply the proceeds of th. 88le In the following order: (a) to all C08ts and ex~naas of <br />exercising the power of aale, and the 88le, Including the payment of tho Trustee's foea actually Incurred and <br />reasonable attorneys' feel! as parmlttod by Applicable Law; (b) to all sums "cured by this Security ln8trumentj <br />and (c) any oxcaaa to the person or persons legally entitled to n. <br />23. Reconveyanca. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to re-convey the Property and shall surrender thIs Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally <br />entnled to It. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reeonveylng the Property, but only If the fee Is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable law. <br /> <br />NEBRASKA-8ingle Fwnlly-Fannle Uu/Fr8ddla Mac UNIFORM INSTRUMENT Fenn 30281101 <br />C 19Q9.2007 Onlln.. DoculII8nta, Inc. Page 8 of 9 <br /> <br />Initia181 B7;~ ~ -{7--D& <br />NEEOEED . I <br />06-17-2008 10126 I <br />