201109226 - Laserfiche WebLink

Browse

201109226 sentences shall not apply to the presence, use, or storage on the Property of sma11 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). Borrower shall prompt�y give Lender written notice of(a)any investigation, 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, dischazge, 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 Properiy. If Borrower learns, or is notified by any governmental or regulatory authority, or any private pariy, that any removal or other remediation of any Hazardous Substance aff�ting the Property is necessary, Bonower shall promptly take all necessary remedial actions in accordance with Environmental L.aw. Nothing herein shall 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 acceleration following Borrower's breach of any covenant or agr�ment in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify: (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 defaWt on or before the date specified in the notice may r�ult in acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall.further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-ezistence of a default or any other defense of Borrower to acceleration and sale.If the defaWt is not cured on or before the date specified in the noNce, 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 entitled to collect all ezpenses incurred in pursuing 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 r�ord a notice of default in each county in wluch any gart 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 pr�cribed by Applicable Law.After the time required by Applicable Law, Trustee shall give public notice of sale to the persons and in t&e manner pr�cribed by Applicable Law.Trustce,without demand on Borrower, shall sell the Property at public auction to the tughest 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 Trust�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, Tn�stce shall deliver to the purchaser Trustee's deed conveying the Property. The r�itals in the Trust�'s dced shall be prima facie evidence of the truth of the statements made therein. Trust�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' fces as permitted by Applicable Law; (b)to all sums secured by this Security Instrument;and(c)any ezcess to the person or persons legally entitled to it. NEBRASKA-Single Family-Fannie Mae/Freddie Mac UPIIFORM INSTRUMENT Form 3028 1/01 VMP� VMP6INE)(11051.00 Wolters Kluwer Financial Services Page 74 af 17