201109222 - Laserfiche WebLink

Browse

201109222 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 1'united to, hazardous�substances in consumer products). Bonower shall promptly give Lender written notice o�(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 Bonower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, �eaking, 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 Blonower 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 prqmptly take a11 necessary remedial actions in accordance with Environmental Law. Nothing herein�hall create any obligation on Lender for an Environmental Cleanup. Non-Uniform Covenants. Bonower and Lender wvenanx 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 i�t this Security Instrument(but not prior to acceleration under Section 18 unless Applicable La�v provides otherwise). The notice shall specify: (a) the default; (b)the action required to cure the defa�lt; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the defau�t 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 secured by this�curity Instrument and sale of the Property. �'he notice shall further inform Borrower of the right to reinstate after acceleration and the right to ibring a court action to assert the non-existence of a default or any other defense of Borrower to acceler�tion and sale. If the default is not cured on or before the date speci�ed in the notice, Lender at its'l option may require immediate payment in full of all sums secured by this Security Instrument withou�t further demand and may invoke the power of sale and any other remedies permitted by Applicable La�w. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this�ection 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 evhich any part of the Property is located and shall mail copiesl,of such notice in the manner prescribed by Applicable Law to Borrower and to the other perso�ps 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 de�►and on Borrower, shall sell the Property at public auction to the highest bidder at the time and place alnd under the terms designated in the notice of sale in one or more parcels and in any order Trustee detlermines. Trust�may postpone sale of all or any parcel of the Property by public announcement at t$e time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon r�eipt of payment of the price bid, Trustee s$all deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trust�'�dced shall be prima facie evidence of the truth of the statements made therein. Trust�shall apply th�proceeds of the sale in the following order: (a)to all costs and expenses of exercising the power of sal�, and the sale, including the payment of the Trustee's Fees actually incurred and reasonable atto�neys' 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-Smgle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 VMP CR) VMP6INE)(1105).00 Wolters Kluwer Financial Services Page 14 of 77