201107188 - Laserfiche WebLink

Browse

�o��o�i�� sentences shall not apply to the presence, use, or storage on the Properiy of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other acrion by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous 5ubstance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Bonower learns, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other remediarion of any Hazardous Substance affecting the Property is necessary, Bortower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agrcement in this Security Instrument (but not prior to acceleration under 5ection 18 unless Applicable Law provides otherwise). The notice shall sp�ify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by wluch the default must be cured; and (d) that failure to cure the default on or before the date speci�ed in the notice ma result in acceleration of the sums s�ured by this Security Instrument and sale of the Property. Th�oNce shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-e�stence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may r�uire 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 permitted by Applicable Law. Lender shall be entitled to colle,ct all expenses incurred in purs»in the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fces and costs of title evidence. If the power of sale is invoked, Trustee shall record 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 Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustce shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustce determines. Trustee may postpone sale of all or any garcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The r�itals in the Trustee's dced shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and ezpenses of ezercising the power of sale, and the sale, including the payment of the Trustee's fces actually incurred and reasonable attorneys' fces as �rmitted by Applicable Law; (b) to all sums secured by tttis Security Instrument; and (c) any ezcess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP � Wolters Kluwer Financial Services Form 3028 1l01 VMP6(NE) (1105) Page 14 of 17 �