Laserfiche WebLink
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
<br /> <br /> <br /> <br /> 201002395 <br /> <br /> and the Contract as if no acceleration had occurred; (b) cures any default of any other .cover>ants or'agreements; (c) <br /> pays all expenses incurred in enforcing this Security Instrument,'including, but not limited to; reaso'able'attorneys' <br /> fees 'to t1f&extent permitted by law; and'(d) takes such action as Lender may reasonably•require to assure. that .the <br /> lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured <br /> by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br /> and the,obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br /> right to reinstate shall not apply in the case of acceleration under the section titled Transfer of the Property or a <br /> Beneficial Interest in Borrower. <br /> Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting <br /> the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the <br /> presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br /> to be appropriate to normal residential uses and to maintenance of the Property. <br /> Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by <br /> any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br /> Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br /> governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting <br /> the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br /> Environmental Law. <br /> As used in this paragraph, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br /> by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br /> products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or forlnaldehyde,,and <br /> radioactive materials. As used in this paragraph, "Environmental Law" means federal laws and laws of the state of <br /> Nebraska that relate to health, safety or environmental protection. <br /> Acceleration; Remedies, Lender shall give' notice to Borrower prior to acceleration following Borrower's <br /> breach of any covenant or agreement in'this Security Instrument or the Contract under which acceleration <br /> is permitted (but not prior to acceleration under the section titled Transfer of the Property or a Beneficial <br /> Interest in Borrower, unless Applicable Law provides otherwise). The notice shall specify: (a) the default; <br /> (b) the action required to cure the default; (c) a date, not less than the minimum number of days <br /> established by Applicable Law from the date the notice is given to Borrower, by which the default must be <br /> cured; and (d) that failure to cure the default on or before the date specified in the notice may result in <br /> acceleration of the sums secured by this Security Instrument and sale of the Property. To the extent <br /> permitted by law, the notice shall further inform Borrower of the right to reinstate after acceleration and <br /> the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to <br /> acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its <br /> option may require immediate payment in full of all sums secured by this Security Instrument without <br /> further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br /> To the extent permitted by law, Lender shall be entitled to collect all expenses incurred in pursuing the <br /> remedies provided in this Section, 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 of default in each county in which any part of <br /> the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br /> Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br /> Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable <br /> Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder <br /> at the time and place and under the terms designated in the notice of sale in one or more parcels and in any <br /> order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public <br /> announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase <br /> the Property 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 recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements <br /> made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and <br /> expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br /> incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br /> Security Instrument; and (c) any excess to the person or persons legally entitled to it, <br /> Reconveyance. Upon.payment of all sums secured by this Security Instrument and termination of Borrower's right <br /> to obtain further advances under the Contract, Lender shall request Trustee to reconvey the Property and shall <br /> surrender this Security Instrument and all contracts evidencing debt secured by this Security Instrument to Trustee. <br /> Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it, Such person or <br /> persons shall pay any recordation costs. Lender may charge such person or persons a fee 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 <br /> the fee is permitted under Applicable Law. <br /> Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee <br /> to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br /> 0,2004.2009 Compliant Systems, Inc. 002D-C139 - 2009.12.368 <br /> Consumer Real Estate - Secu Instrument DL2036 Page 4 of 5 wwwxi. liances stems.com <br /> Initials <br />