|
�012Q419G
<br />LOAN �: 19630661
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
<br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this
<br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
<br />by reason of, this Security Instrument, until such Borrower or Lender has notfied the other party (with
<br />such notice given in compliance with the requirements of Section 15) of such alleged breach and
<br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective
<br />action. If Applicable Law provides a time period which must elapse before certain action can be taken,
<br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, orwastes by Environmental Law and
<br />the following substances: gasoline, kerosene, other flammable or toxic petroleum products, to�c
<br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials; (b) °Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
<br />Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger 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 Property.
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation
<br />of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the
<br />presence, use, orrelease of a Hazardous Substance, creates a condition thatadverselyaffects thevalue
<br />of the Property. The preceding iwo sentences shall not apply to the presence, use, or storage on the
<br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate
<br />to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous
<br />substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any govemmental or regulatory agency or private party involving the Property and
<br />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 threat
<br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release
<br />of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />notified by any governmental or regulatory authority, or any private party, that any removal or other
<br />remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
<br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br />any obligation on Lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleratlon; Remedles. Lender shall glve notice to Borrower prlor to acceleration
<br />following Borrower's breach of any covenant or agreement In thls Securlty Instrument (but not
<br />prlor to acceleratlon under Sectlon 18 unless Appllcable Law provldes otherwlse). The notice
<br />shall speclfy: (a) the default; (b) the actlon required to cure the default; (c) a d�te, not less than
<br />30 days from the date the notice is glven to Borrower, by which the default mu�t be cured; and
<br />(d) that fallure to cure the default on or before the date �peclfied In the notice m�y result in
<br />acceleratlon of the sums secured by thls Security Instrument and sale of the Property. The notice
<br />shall further inform Borrower of the rlght to reinstate after acceler�tion and the rlght to bring a
<br />court actlon to assert the non-existence of a default or any other defense of Borrower to
<br />acceleration and sale. If the default Is not cured on or before the date �pecified In the notice,
<br />Lender at Its optlon may requlre Immedlate payment in full of all sums secured by thls Securlty
<br />Instrument wlthout further demand and may invoke the powrer of sale and any other remedles
<br />permitted by Appllcable Law. Lender shall be entitled to collect all expenses incurred in pursuing
<br />the remedles provided In thls Sectlon 22, Including, but not Ilmlted to, reasonable attorneys' fees
<br />and costs of tltle evidence.
<br />If the powrer of sale Is Invoked, Trustee shall record a notice of default In each couniy in whlch
<br />any part of the Property is located and shall mall copies of such notice In the manner prescrlbed by
<br />Appllcable Law to Borrower and to the other persona prescrlbed by Applicable Law. After the time
<br />requlred byApplicable Law, Trustee shall give publlc notice of sale to the persons and In the manner
<br />prescrlbed byAppllcable Law. Tru�tee, wl�outdemand on Borrower, shall sell the Properly at publlc
<br />auctlon to the highest bidder at the time and place and under the terms designated In the notice of
<br />sale In one or more parcels and in any order Trustee determines. Trustee may postpone sele of all
<br />or any parcel of the Properly by publlc announcement at the tlme and place of any prevlously
<br />scheduled sale. Lender or Its designee mey purchase the Property at any sale.
<br />NEBRASKA—Single Family—Fannle Mao/Freddle Mac UNIFORM INSTRUMENT Form 30281/01
<br />Online Documents Inc. Pege 10 Of 11
<br />.. ��.�
<br />i. �
<br />�
<br />�� r : �,+: f`�
<br />NEEDEED 1108
<br />��
<br />
|