Laserfiche WebLink
: � , : _. 2U�04�435 <br />address to which payments should be made. The notice will also contain any ather information required by <br />Applicable Law. <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 quantitiss of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall protnptly give Lender written notice af any investigation, claim, demand, lawsuit or other action by <br />any governmental or regulatory agency or private party involving the Properiy and atiy Haxardous Substance or <br />Bnvironmental I.aw of which Borrower has actual knowledge. If Borrower learns, or is notified by any <br />governmental or regulatory autharity, that any removal or othcr remediation of any Hazardous Substance a�'ecting <br />the Property is necessary, Sorrower 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 fallowing substances: gasaline, kerosene, other flammable or toxic petroleuxn <br />products, toxic pesticides and herbicides, volatile solvents, matarials containing asbestos or formaldehyde, 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 enviranmental protection. <br />Acceleration; Remedies. Lender shall give notice ta Borrower prior to �Cceleration fAl1oWl�ng , Borrower's <br />breach of any covenant or agreement in this Security Instrunnent (but nqt �prior to acceler �a1�',p�n,under..�he <br />section titled Transfer of the Property or a Bene�cial Interest in Borrower; unless Appii�catrle La� provides <br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, <br />not less than the minimum number of days established by Applicable Law from the date the notice is given <br />to Borrower, by which the default must be cured; and (d) that failure ta cure the default on or before the <br />date specified in the notice may result in acceleration of the sums secured by this Security Instrnment and <br />sale of the Property. To the extent permitted by law, the notice shall further inform Borrower of the right <br />to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default <br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date <br />speci�ed in the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this $ecurity Instrument without further d�mand and may invoke the power of sale and any other remedies <br />permitted by Applicable Law. To the extent perrnItted by law, Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies provided in this Section, including, but not limited to, <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of <br />the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable <br />Law, Trustee shall gIve public notice of sale to the persons and in the manner prescribed by Applicable <br />Law. Trustee, withaut demand on Sorrower, shall sell the Property at public auction to the highest bidder <br />at the time and place and under the terms designated in the notice of sale in one or more parcels and in any <br />order Trustee detertnines. Trustee may postpone sale of all or any parcel of the Property by public <br />announcement at the tirne and place of any prev'tausly scheduled sale. Lender or its designee may purchase <br />the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying <br />the Property. The recitals in the Trustee's deed shall be prima facie evIdence of t4e truth of the statements <br />made therein. Trustee sha11 apply the praceeds of the sale in the following order: (a) to all costs and <br />expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually <br />incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this <br />Security Instrument; �nd (c) any exces$ to the per�on or persona legally entitled to it. <br />Reconveyance. Upon payment of all sums secured by this Security Inshument, Lender shall request Trustee to <br />reconvey 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 <br />legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or <br />p�rsons a fee for reconveying the Property, but only if the fee is paid to a third pariy (such as the Trustee) for <br />services rendered and the charging of 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 />ta any Trustee appointed hereunder by an instrument recorded in the caunty in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conf�rred upon Trustee herein and by Applicable Law. <br />Request for Notices. Borrower requests that copies of the noUce of default and sale be sent to Borrower's address <br />which is the Property Address. <br />� 2004-2009 Campliancc Systcros, Inc. 002D-AA86 - 2009.12368 <br />Canaumcr Rcal Estate - Sccurity Instrument DL2036 Page 5 of 6 www.compliancesystems.com <br />