201108399 - Laserfiche WebLink

Browse

201108399 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 maintenance of the Property (including, but not limited to, hazardous substances in conswner products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action 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 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 Borrower learns, or is notified by any govemmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with Environmentai Law. Nothing herein shall create any obligation on Lender for an Environmentat Cleanup. Non-Uniform Covenants. Borrower and Lender cavenant and agree as follows: 22. Acceferation; Remedies. Lenc}er shali give notice to Borrower prior to �celeratian fotlawiag �rrower's breach of any covenant or agreement in this Security Instrument @ut r�ot prior to acceleration unc�er �eetian 28 unZess Applic$ble Law provides otherwisej. Tbe ratice shall specify: (a) the default; (bj tbe artion required to cure tbe default; (c) a date, not less than 30 days from t�e clate the not�ce is given ta Borrower, by which the clefault must be eured; and (d} that failure to cure the defanit on or before t�e date speeified in t�te nottice may result in acceteratio�► of the sums secured by this Security Instru�ent and sale of tl�e Prop�ert�. The notice shall further infc►rm Borrower of the right to reinstate after acce�eration and t�e right to bring a court actier� to assert t6e non-ex�tence of � defauit or auy ot�r c�fense af Borrower tci acee#Eration and sale. If tbe defau�t is �ot cured on or before the date specified i� the �tice, I.enc�r at its option may require imme�iate payment i� f�t of all sums secured by thic Seeurity L�stru�nt v�thcwt furEher demand and may invoke ti�e power of sa3e and any other remedies permitted by Applicabte Law. Lsnder shall be eatitied to cailect all exp� incurred in pursuing the remedies provided i� this Section 22, inet�ding, b�t nat Ii�ited te�, r�b�e attorneys' fces and cx►sts of title evidence. If the power of sale is invokec�, Tnzsttee sha[! record a notice of defattit in � county in wi�irh �y part of the Property is located and shalt mail copies o[ such notice in tt►e ma�ner prescribed by Applicabie Law to Borrower and to the other persor�s preseribed by Applicable Law. After the t�me required by Applicable Law, Trustee shali give public notice of sale to the persons and in the manner preseribed by Agplicable Law. Trustee, without demand on Borrower, shall seil the Property at publie auction to the Wghest bidder at the time and place and under the te�ms designated in the notice of sate in one or more parcels and in any order Trustee determines. Tnisttee may postpone sate of all or any parcel of the Praperty by public annauncement at the time and place of any previously schedtiiled 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 Trust�'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 of the sale 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 fees actually incurred and reasonable attorneys' fees 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 7 f07 VMP @ VMP6(NE1 (1105) Wolters Kluwer Financial Services Page 74 of .17 # � } � i , � °� � �' ,,�+,j