200901255 - Laserfiche WebLink

Browse

. . , . 200901255 of this paragraph. The notice of acceleretion and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given 10 Borrower pursuant to.. Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions oftbis Section 20. 21. HamrdoUB SUbstances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following lIUbstances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action., remedial action., or removal action., as defined in Environmental Law; and (d) an "Envin;mmental Condition" means a condition that can cause, contn"bute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pennit 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 ofa Hll2Mdous Substance which adversely affects the value of the Property. If Borrower learns, 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~UNlFORM COVENANTS. BOfTQwer and Lender :further covenant and agree as follows: n. AcceleratioD; Remedies. Lender shaD give notice to Borrower prior to aeceleration foUowing Borrower's breaeh of any covenant OT agreement ill this Seeurity Instrument (but not prior to acceleration under Sedion 18 unless Applicable Law provides otberwise). Tbe notice shaD specify: (a) the default; (b) tile action required to eure the default; (e) a date. Dot less than 30 days from the date the notice is given to Borrower. by which the default mast be eured; and (d) that failure to eun: the: default on or before the date specified in the notice may result in ateeleration of the $IUDS seeured by this Security IDStnlment and sale of the Property. Tile notiee shall further inform Borrower of the right to reinstate after aueleration and the right to bring a wart aetion to assert the non-existen&:e of a defanlt or any other defense of Borrower to acceleration and sale. If the default is not eured on or before the elate specifted in the notice, Lender at its OptioD may require immediate pllyment in full of all sums secured by this Seeurity IDstrumeDt 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 iDeurred in pursuing the remedies provided in this Sel:tion 22, including, bllt not lim.ited to. reasonabJe attorneys' fees and costs of title evidenee. If the power of sale is invoked, Trustee shaD record a IlOtice of default in eadl eounty in whkh any part of the Property is Ioc:ated and shaD mail copies of soch notice ill the manner presen"'bed by Applicable Law to Borrower and to. the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall glve public: notiee of sale to the persons and in the manner preseribed by AppJkable: Law. Trustee, without demand on Borrower. shall seU the Property at publie auction to the Ncbrulla Deed ofTrllst-Siltgle Famil}'-F.... MaeIJlteddie Mae Ullitonl. I.....CII1: FOnD 3028 1m MEIlS Modified TIle eo.pIiuee SCMl-.1M.. .... U of 14 MecIiJIed by C-~ So.rcc IGGINE _Rev. 04118 I. ~ iiiBiiiiiiiUl. 1111.lllImm IIIIII~ 11.111111 iUiliiil.ii f" * + 0 2 3 4 9 0 9 3 6 4 + 0 0 A D + 1 2 + 1 4 *