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20120 <br />17309 <br />individual lirigant or the member of a class) that arises from the other party's actions pursuant to this Security <br />Instivment or that alleges that the other party has breached any provision of, or any duty owed by reason of, <br />this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given <br />in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto <br />a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a <br />time period which must elapse before certain action can be taken, that time period will be deemed to be <br />reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to <br />Bonower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 <br />shall be deemed to satisfy the notice and 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 hazazdous substances, pollutants, or wastes by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, to�c pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower sha11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Properly. Borrower shall not do, <br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Properiy of small quantities of Hazazdous <br />Substa.nces that are generally recognized to be appropriate to normal residenrial uses and to maintenance of <br />the Properiy (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigarion, claim, demand, lawsuit <br />or other action by any governmental or regulatory agency or private party involving the Property and any <br />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 of <br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a <br />Hazasdous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by <br />any govemmenta.l or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Bonower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: <br />(a) the default; (b) the action required to cure the default; (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 failure to cure <br />the default on or before the date speci�ied in the notice may result in acceleration of the sums secured <br />by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a court action to assert the non-e�stence of a <br />default or any other defense of Borrower to acceleration and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its opHon may require immediate payment in full of <br />all sums secured by this Security Instrument without further demand and may invoke the power of <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UPTIFORM INSTRUMENT <br />� 338.8 Page 12 of 14 Form 30281/Ol <br />�� <br />•2�aC�/ ! <br />