Laserfiche WebLink
2oioocoo2 <br />of this paragraph.. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and <br />the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute <br />to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow <br />anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which <br />creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, <br />creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not <br />limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and. any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, <br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, <br />and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the <br />value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private <br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, <br />Borrower shall promptly take all necessary remedial actions in accordance with Envirotunental Law. Nothing herein <br />shall create any obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM 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 <br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the <br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default an ar before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the <br />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 />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, <br />including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any <br />part of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable <br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by <br />Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />Nebraska Deed of'I~ust~ingle Family--Fannie Mae/Freddie Mac Uniform Instrument Form 3028 1/Ol <br />MFRS Modified <br />The Compliance Source, inc. Page 12 of 14 Modified by Compliance Source 14301NE p8/00 Rev. 04/08 <br />www.compliancesource.com 02000, The Compliance Source, Inc. <br />I IIIIIIIIIII I'II'VIIIIIIIIVIIIIIIIIVIIIVIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII'IIIIIIIIIIVIII IIII IIII <br />~+ 0 2 8 7 7 9 1 4 5 3+ O O A D+ 1 Z+ 1 4~ <br />