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<br />Loan No: 60188302 Data ID: 523
<br />Neither Bonower nor Lender may commence, join, or be joined to any judicial action (as either
<br />an indivIdual litigant or the member of a class) that azises from the other party's actions pursuant to
<br />this Security Instrument or that alleges that the other parry has breached any provision of, or any duty
<br />owed by reason of, this SecurIry Insuument, until such Borrower or I.ender has notified the other party
<br />(with such notice given in compliance with the requirements of Section 15) of such alleged breach and
<br />afforded the other parry hereto a reasonable penod after the giving of such notice to take corrective
<br />action. ff Applicable Law provides a time period whtch must elapse before certain action can be taken,
<br />that time penod will be deemed to be reasonable for putposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Bonower pursuant to Section 22 and the nouce of
<br />acceleration given to Bonower pucsuant to Section 18 shall be deemed to satisfy the nouce and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. He�ardons Substences. As used in this Section 21: (a) °Ha�ardous Substances" aze those
<br />substances defined as toxic or hazardous substanc�, poUutants, or wastes by Environmental Law and
<br />the following substances: gasoline, kerosene, other flammable or toxic peuoleum products, tosic
<br />pesticides and herbicides, wlatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials; (b) °Environmental Iavv" means federal laws and laws of the jurisdiction where
<br />the Pmperty is located that relace to health, safety or environmental protection; (c) °Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as de5ne� m Environmental
<br />Law; and (d) an °Environmental Conditioa" means a condition that can rause, contribute to, or
<br />otheiwise uigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Properry.
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Properry (a) that is in
<br />violauon of any Environmental Law, (b) which creates an Environmental Condition, or (c) wldch, due
<br />to the pr�ence, use, or release of a Harardous Substance, creates a condition that adversety affects the
<br />value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on
<br />the Pro�erty o� small quantities of Ha7ardous Substances that are generally recognized to be
<br />appropnate to normal resideatial uses and to maiatenance of the Properry (including, but not limited
<br />to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
<br />lawsuit or other action by any governmental or regulatory agency or private parry mvolving the Pro�erty
<br />and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b any
<br />EnvIronmental Condition, including but not limited to, any spilling, leaking; discharge, release or eat
<br />of release of any Ha�ardous Substance, and (c) aty condition caused by the presence, use or release
<br />of a Ha�ardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />notified by any gwernmental or regulatory authority, or any private parry, that any removal or other
<br />remediation of any Hazardous Substance affecting t�ie Property is n ty, Borrower shall promptly
<br />take all necessary remedial actions in accordance wnth Environmental La�w Nothing herein shall create
<br />any obligauon on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and I.ender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prtor to acceleration following
<br />Borrowe�'s breach of any covenent or agreement in this Security Instrument (but not prior to
<br />acceleration onder SecHon 18 wil�s Applicable I.ew provides otherwise). The notice shall spec[fy:
<br />(e) the defeul� (b) the acdton required to eure the defaul�, {c) a date, not less than 30 days from the
<br />date the notice is given to Borrower, by which the default must be cured; and (d) that feilnre to cure
<br />ffie default on or before the date speciSed in the noHce may result in acceleration of the sums secured
<br />by this Security Instrument and sale of the Property. The noHce shall further inform Borrower of the
<br />right to reinstate after acceleretlon end tite right to bring a conrt action to assert t6e non-eaoistence
<br />of a default or any otlter defense of Borrower W acceleradon and sale. If t6e default is not cored on
<br />or befom the date specified in t6e notice, Lender at itc option may require immediete payment in fall
<br />of all sums secared by this Secorlty Instrument without further demand and may inwke the power
<br />of sale and any ot6er remedies permitted by AppHca6le Law. Lender shall be ent�Ued W collect all
<br />expens� incorred in pursuing the rem�lies provided in this Section 22, iacluding, bnt not limited to,
<br />reasoneble attorneys' fees and rosts of tttle evidence.
<br />If the power of sale is invoked, Trustee shall record e notice of default in each county in which
<br />any pert of the Property is laxtted and shall mail copi� of such notice in the menner prescrtbed by
<br />Applicable Law W Borrower and to the other persons prescribed by Applicable Iaw. After the time
<br />required by Applicable Lew, Trustee shall give publlc notice of sale to the persons and in the mauner
<br />prescrlbed by Applicable I�w. Trustee, withont demand on Borrower, shall sell the Property at pu6llc
<br />auction to the highest bYdder at t6e time and place and ander the terms designated in the notice of
<br />sele in one or more parcels end in any order Trustee determines. Trastee may postpone sele of all
<br />or any parcel of tfte Property by pu6lic announcement at the time and place of aoy prevlonsly
<br />sch�nled sale. I.ender or its designee may pnrchese the Property at any sale.
<br />Upon receipt of payment of the price bid, Trust� shall deliver to the purcheser Truetee's deed
<br />conveying the Property. The recitals in the Tmstee's deed ehall be prima fade evidence of the hvt6
<br />of the stetements made therein. Trustee shell apply the proceeds of the sale in the following order.
<br />(a) W all costs and expenses of elcercising the power of sale, and the sale, including the payment oF
<br />the Trustce's fees actually incurred and reasonable attomeys' fees as permitted by Applicable Law;
<br />(b) to all snms secured by this Secarity Instramen� end (c) auy exc�s to the peraon or persons legelly
<br />entltled W it
<br />NEBRASKA VA DEED OF TRUST Form � trot rysya ro o� ir ���
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