200908793 - Laserfiche WebLink

Browse

200908793 sentences shalt not apply to the presence, use, or storage an 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). Borrowershall promptly give Lenderwritten native of (a) any investigation, claim, demand, lawsuit pr 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 learns, or is notified by any governmental or regulatory authority, pr any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptlytake 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 Lenderfurther covenant and agree as follows: 22. Acceleration; Remedies. Lender shalt give notice to t3arrvwer prior to acceleration fallowing Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The natiee sha11 specify: (a) the default; (bj the action required to cure the default; (c) a date, oat less than 30 days from the date the notice is given to Snrrawer, by which the default must be curled; and (d} thatfailure to cure the default an ar before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sate 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-e~cistence of a default ar any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the native, 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 ta, reasonable attorneys' fees and costs of title evidence. If the power of safe is invoked, Trustee shall record a notice of default in each county in which any part 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 Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall self the Property at public auction to the highest bidder at the time and place and under the terms designated in the no#ice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property 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, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sate in the following order: (a) to al! casts and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law; (b} to ail sums secured by this Security Instrument; and {c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to re-convey the Property and shall surrender this Security Instrument and all Hates evidencing debt secured bythis Security instrument to Trustee. Trustee shaft reconvey the Pnapertywichautwarrantytolhe 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 recanveying the 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 permitted under Applicable Law. 24. Substitute Trustee. Lender, at its option, may foam 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. Without conveyance of the Property, the successor trustee shall succeed to ail the title, power and dufies conferred upon Trustee herein and by Applicable Law. NHBftASt44-Single Family-~Fannls MaelFreddi® Mao UNtFOI~N IN37RUMEN7 (pg8m ~~ Q~ SZ) Nebraska peed o! 7rus13g28 tv>= DO7 01/01