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<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 tha.t the other party has breached any provision of, or any duty owed
<br />by reason of, this Security Instrument, until such Bonower or Lender has notified the other pariy (with
<br />such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
<br />the other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasona,ble for purposes of this paragraph. The notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to 5ection 22 and the notice of accelerafion given to
<br />Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opporlunity to take cortective
<br />action provisions of tlris 5ection 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, or wastes by Environmental Law and
<br />the following substances: gasoline, kerosene, other flammable or toJCic petroleum products, toxic pesticides
<br />and herbicides, volafile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federallaws and laws of the jurisdiction where the Property is loca.ted
<br />tha.t relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any
<br />response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />Borrower shall 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 Properiy. Bonower shall not
<br />do, nor allow anyone else to do, anything affecting the Properiy (a) that is in viola.tion of any Environmental
<br />Law, (b) which creates an Environmenta.l Condition, or (c) which, due to the presence, use, or release of
<br />a Hazardous� Substance, creates a condition tha.t adversely affects the value of the Properly. The preceding
<br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
<br />other action by any governmental or regulatory a.gency 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
<br />of release of aay Hazazdous Substance, and (c) any condition caused by the presence, use or release of
<br />a Hazardous Substance which adversely a.ffects the value of the Property. If Bonower learns, or is notified
<br />by any governmental or regulatory authority, or any private pariy, that any removal or other remediation
<br />of any Hazardous 5ubstance affecting the Property is necessary, Borrower shall promptly take all necessary
<br />remedial actions in accordance with Environmental Law. Nothing herein shall create a,ny obligation on
<br />Lender for an Environmental Cleanup.
<br />Non-Uniform Covenants. Borrower and Lender further covenant and agree a.s follows:
<br />22. AcCeleration; Remedies. Lender shall give notice to Borrower prior to acceleration.
<br />following Borrawer's breach of any covenant or agreement in this 5ecurity Instrument (but
<br />HCFG-00359
<br />NEBRASKASfngle Femily-Fennie Mae/Freddie Mac UNIFORM INSTRUMENT Fortn 3028 1/01
<br />VMP� 01/12
<br />Wolters KluwerFinanclal Servicea 201208104.1.1.2336-J20120129Y Page 14 oT 77
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