201108800 - Laserfiche WebLink

Browse

201108800 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 consuiner products), Borrower shall proznptly 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 EnvironinenCal Law of which Borrower has actual knowledge, (b) any Enviromnental 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 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 promptly take all necessary remedial actions in accordance with Enviroiunental Law, Nothing herein sha11 create any obligation 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 acceleratiou following Borrower's breach of any covenant or agreement in this Security Instrumeiit (but not prior to acceleration u�ider Section 18 ui�less Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) tlie action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by wliich the default must be cured; aiid (d) that failure to cure tlie default on or before the date specified in the notice may result iu acceleration of the sums secured by this Security Insti•ument and sale of the Property. The notice shall furtlier inform Borrower of the right to reinstate after acceleratioii and the right to bring a court action to assert the�ion-existeuce of� default or any other defense of Borrower to accelei•ation aud sale. If the default is not cured on or before the date specified in the noCice, Lender at its option may require immediate paymeiit in full of all sums secured by tliis Security Instruinent without further demand and may iitvoke the power of s�le and any other remedies permitted by Applicable Law. Lender shall be entitlecl to collect all expenses incurred in pursuing the remedies provided in this Section 22, includiiig, but not limited to, reasonable attorneys' fees and costs of title evidence. If the power of sale is invol�ed, Trustee shall record a irotice of default in each county in which any part of the Property is located aiid shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other persons prescribecl by Applicable Law. After the time required by Applicable Law, Trustee shall give public iiotice of sale to the persons aiid in the m�nner prescribed by Applicable Law. Trustee, without demand on Borrower,shall sell the Property at puulic �tuction to the highest bidder at the time and place and uirder the terms designated 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 puulic 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 paynient of the price bid, Trustee shRll deliver to the purchaser Trustee's deed conveying the Propei•ty. The recitals in the Trustee's deed shall be prima facie evidevice of the truth of tke stateinents macle therein. Trustee shall apply the proceeds of the sale iii the following ordei: (a) to �tll costs atid expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually iucurred and reasonable attorneys' fees as peimittecl by Applicable Law; (b)to 111 sums secured by tliis Security Instrument; and (c) any excess to the person or persoirs legally entitled to it. ,. 237219 NEBRA9KA-Sinqle Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP Qn VMP61NE)11105) Wolters Kluwar Financlal Services Pego 14 of 17