201009244 - Laserfiche WebLink

Browse

2Q1409244 by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall pramptly cake all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an �nvironmental Cleanup. NON-LTNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Rernedies. Lender shall give notice to Snrrower prior to acceleration following Barrower's breach of any covenant or agreement in this Secarity Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherr�vise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 3� days from the date the notice is given to Sorrower, by which the default must be cured; and (d) that failure to cure the default o� or hefore the date specified in the notice may result in acceleration of the sums secured by this Security Instrament and sale of the Property. The notice shatl further inform Sorrower of the right to reinstate after acceleratian and the right to bring a court actian to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. if the default is not cured an ar before the date specified in the notice, 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 perrnitted by Applicable Law. Lender shall be entitled to collect a11 expenses incurred in pursuing the remedies provided in this Section 22, including, but nat limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, Trnstee shall recard 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 Sorrower 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 Sorrower, sh$ll sell the Property at public auction to the highest bidder at the time and place and under the tearms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee rnay pastpane 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 Praperty 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 af the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the s�le, including the payment of the Trustee's fees �ctaally incurred and reasonable attorneys' fees as permitted by Applicable Law; (b) to all surns secured by this Security Instrument; and (c) any excess ta the person or persons legally entitled to it. 23. Reconveyance. Upon payment o£ all sums secured by this Security lnstrument, Lender shall request Trustee to reconvey the Property and sha11 surrender this Security Instniment and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally antitled to it. Such person or persons shall pay any recordation costs. Lender may charge such pez'son or persons a fee far reconveying 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. SubsHtute Trustee. I,ender, at its option, rnay from 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 Instniment is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Rec�uest for Nodces. Borrower requests that copies o£ the :notice of default and sale be sent to Borrower' s address which is the Froperty Address. 230994 NEBRASKA - Single Family - Fannie M ae/Freddie M ac UNIFQRM INSTRUM ENT �-6�NE) �oe� �> Page 13 af 15 in�nai5 Form 3028 1/01 �