Laserfiche WebLink
. <br />R�-R�CORDEO :� 2O 10 U'7 412 <br />241QU'7661 <br />' Borrower shall not cause or pernut the presence, use, disposal, storage, or release nf any Hazardaus Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone els� <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Bnvironmental Condition, nr (c) which, due to the presence, us�, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value of the Property. 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 (including, but not lirnited to, <br />hazardous substances in consumer products). <br />Borrower shall promptly give Lender writt�n natice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private parCy involving the Property and any Hazardous Substance <br />or Environmental Law of whick� Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />lirnited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. If Borrnwer learns, or is notified by any governmental or regulatory authority, or any private party, that <br />any removal or other remediation of any Hazardous Substance affecting the Praperty is necessary, Borrower shall <br />promptly take all necessary rernedial actions in accordance with Environmental Law. Notlaing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrawer and Lender further covenant and agree as follows: <br />aa . 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 under <br />Section 18 unless Applicable Law pravides otherwise). The notice shall specify: (a) the default; (b) the action <br />required ta cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale oF the Property. The <br />notice shall further inform Barrower af the right to reinstate at'ter acceleration and the right to bring a court <br />action to assert the non-existence o� a default or any other defense of Borrower to acceleration and sale. lf the <br />default is not cured on or before the date speci�ed in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the <br />power of sale and any other remedies perrnitted by Applicable Law. Lender shall be entitled to collect all <br />expenses incurred in pursuing the remedies pravided in this Section 22, including, but not limited to, reasonable <br />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 <br />of 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 Law, <br />Trustee shall give public notice of sale to the persans and in the manner prescribed by Applicable Law. Trustee, <br />without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and <br />place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee <br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time <br />and place of any previously scheduled sale. Lender or its designee may purchase 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 sha11 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 expenses <br />of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' fees as permitted by Applicable Law; (b) to all sums secured by this Security lnstrument; <br />and (c) any excess to the person or persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request "I'rustee <br />to 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 legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a <br />fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered <br />and the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to tirne remove Trustee and appoint a successor <br />trustee to any Trustee appointed hereunder by an instrument reearded in the county in which this Security Instrument <br />is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />25. Request t'or Notices. $orrower requests that copies o� the notice of default and sale be sent to Borrower's <br />addrass which is the Property Address. <br />NE�RASKA--Single Family--Fannie Mae/�reddie Mac UNIFORM INSTRUMENT - M�RS <br />Form 3028 1/01 Page 9 of 1 1 <br />DocMagic � eoo-sas-r3s2 <br />� w. dacmeglc. com <br />� � <br />Ne3028.mzd.xml <br />... . .... .. .. . ...... <br />