201107715 - Laserfiche WebLink

Browse

20��0�715 sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to ma.intenance of the Property (including, but not limited to, hazardous substances in consumer products). Bonower shall promptly give Lender written notice of (a) any invesrigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private pariy 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 Substance, 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 governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is nec:essary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligarion on Lender for an Environmental Cleanup. Non-Uniform Covenants. Borrower 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 agreement in this Security Instrument (but not prior to acceleration under 5ection 18 unless Applicable Iaw provides otherwise). The notice shall specify: (a) the default; (b) the actian required to cure the default; (c) a date, not les.s than 3d days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums se.cured by this Security Instrument and sale of the Pro�rty. The notice shall further inform Borrower of the right to reinstate after acceleratian and the right to bring a court action to assert the non-e�,nstence 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 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 permitted by Applicable Law. Lender shall be entit�ed to callect all expenses incurred in purs,• the remedies provided in this Section 22, inc�nding, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invoked, TnLSt� shall record a notice of default in each county in wluch any part of the Property is located and shall mail copies of such notice in the manner grescribed by Applicable I.aw to Borrower 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 Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms dasignated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone 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 Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's dced conveying the Property. The recitals in the Trustee's dced shall be prima facie evidence of the truth of the statements made therein. Trustee shall app}y the procceds of the sate in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fee,s actually incurred and reasonable attorneys' fces as permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP � VMPBINE) (1105) Wolters Kluwer Financial Services Page 14 of 17