Laserfiche WebLink
2oiiooi5� <br />La� #: 0000sz�oszao26 <br />that the other party has breached any provision of, or any duty nwed by reason af, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in campliance with the requirements of Section <br />15) of such alleged breach and afforded the nther party heretn a reasonable period after the giving af such notice to <br />take corrective action. If Applicable Law provides a time period which must elapse befnre certain action can be taken, <br />that time period will be deemed to be reasonable for purposes of this paragraph. 7he notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleratian given to Borrower pursuant <br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions af this Section <br />20. <br />21. Hazardous Suhstances. As used in this Section 21: (a) "Hazardous Substances" are thnse substances defined <br />as toxi�or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, <br />kerasene, other flammable or toxic petroleum products, taxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos arformaldehyde, and radioactive materials; (b) "Environmental L.aw" meansfederal laws and laws <br />of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) <br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental <br />Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Borrower shall nat cause or permit the presence, use, disposal, storage, or release vf any Hazardous Sul�stances, <br />or threaten to release any Mazardous 5ubstances, on or in the Praperty. Barrower shall not do, nor allow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due ta the presence, use, or release of a Hazardous Substance, creates a condition that <br />adversely affects the value of the Property. The preceding twa sentences shall not apply to the presence, use, or storage <br />on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer <br />products). <br />Borrawer shall promptly give Lender written notice of (a) any investigatian, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or <br />Environmental I_aw of which Borrower has actual knowledge, (b) any Environmental Conditian, including but not limited <br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. <br />If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Barrower shall promptly take all <br />necessary remedial actions in accordancewith Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notica to Borrower prior to acaeleration following Borrower's <br />breach of any covenant or agreement In thls Securlty Instrument (but not prlor to acceleration under Sectian 18 <br />unless Appllcabla Law prcvldes otherwlsa). The notice shall spaclfy: (a) the dafawlt; (h) tho actlon requlred to <br />cure #ha detault; (c) a date, nat less than 30 days from the date the notice Is glven ta Barrower, by which the default <br />must he cured; and (d) that fallure to cure the default on or befdre the date speclfled In the notice may result in <br />accelaratlan of the sums secured by thls Securlty Instrument and sale of the Property. The notice shall further <br />inform Borrower of th� rlght to relnstat� after accel�ratlon and the righ# to bring a court actlon to assert the non- <br />existence of a default or any other defense of Borrower to acceleratlon and sale. If the dafault is nat cured on <br />or hefore the date speclfled In the notice, Lender at Its optlon may requlre Immedlate payment In full of all sums <br />secured by this 5ecurlty Instrument wlthout further demand and may Invoke tha powar of sale end any other <br />remedles permlttod by Appllcable Law. Lender ghall be entltl�d ta collaat all expenses Incurred in pursuing tha <br />ramadies provided In thls Sectlon 22, Including, but not Ilmlted to, reasonable attarneys' foos and costs of tltle <br />evldence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county In whlch any part of <br />the Property Is lacatad and shall mail copies of such notica in tha mann�r prescrlbed by Applicahle Law ta <br />Borrower and to the other persons prescrlhed hy Appllcahle Law. After the time required by Appllcahle Law, <br />7rustaa shall glva publlc notice of sale to the persons and in the manner proscrlbed by Applicable Law. Trustep, <br />wlthout demand on Borrower, shall sell the Property at public auctlon to the hlghest hidder at the time and place <br />and under the terms designated in the notice of sale in one or more parcels and in any arder Trustee determines. <br />Trustae may postpone sala of all or any parcel of the Proparty by public announcoment at the time and placa of <br />any previously scheduled sale. Lender or its designee may purchase the Property at any sale. <br />Upan recelpt c�f payment of the prlce bld, Trustee shall dellver to the purchaser Trustea's deed c�nveying the <br />Property. The recltals In the Trustee's deed shall be prlma facie evldenco of the truth of the statements rr�ado <br />therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses af <br />exerclsing tha power of sale, and the sale, Including the payment of the Trustee's fees actually incurred and <br />reasonable attorneys' Tees as permltted by Appllcahle Law; (h) to all sums secur�d by thls Securlty Instrument; <br />and (c) any axcass to the person or persans lagally entitled to it. <br />2S. Reconv�yance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to re-convey the Properry 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 casts. Lender may charge such person or persons a <br />tee 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 af the fee is permitted under Applicable Law. <br />24. Substltut� Trustos. Lender, at its option, mayfrom time to time remove Trustee and appoint a successor trustee <br />to any 7rustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance af the Properly, the successor trustee shall succeed to all the title, pawer and duties <br />conferred upon Trustee herein and hy Applicable Law. <br />25. Requ�st for Notices. Borrower requests that copies of the natice af default and sale be sent to Borrower's <br />address which is the Property Address. <br />Ynftial�: � <br />NEBRASKA�ingle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />� 1999-2D08 Online Dxuments, Inc. Pag6 8 Gf 9 NEUDEED D612 <br />� <br />