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20f20�3�3 <br />LOAN �: SQ112098784 <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 patty 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 Lawr 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 satisiy the notice and <br />opportunity to take correcfive 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 to�ac petroleum products, toxic <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 ofa Hazardous Substance, creates a condition thatadverselyaffects the value <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 governmental 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 />notfied by any govemmental 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. Acceleration; Remedies. Lender ahall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not <br />prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice <br />shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than <br />30 day� from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the def�ult on or before the date speclfied in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Properly. The notice <br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a <br />court action to assert the non-exlstence of a default or any other defense of Borrower to <br />�cceleration and sale. If the default is not cured on or before the date specifled in the notice, <br />Lender at Its option may require immedi�te payment In full of all sums secured by this Security <br />Instrument wlthout further demand and may Invoke the power of sale and any other remedies <br />permltted by Appllcable Law. Lender shall be entltled to collect �II expenses incurred In pursuing <br />the remedies provided in this Sectlon 22, including, but not limited to, reasonable attorneys' fees <br />and costs of title evldence. <br />If the power of sale Is invoked, Trustee shall record a notice of default in each county in vt►hlch <br />any part of the Property Is Iocated and shall mall copies of such notice in the manner prescribed by <br />Applicable Law to Borrower and to the other persons prescrlbed by Appllcable Law. After the time <br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner <br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Properly at public <br />auction to the hlghest bidder at the time and place and under the terms designated In the notice of <br />�ale in one or more parcels and In any order Trustee determines. Trustee may postpone sale of all <br />or any parcel of the Properly by public announcement at the tlme and place of any previously <br />scheduled sale. Lender or ita designee may purchase the Properly at any �ale. <br />Initials: <br />NEBRASKA-Single Family-Fannle Mae/Freddle Mac UNIFORM INSTRUMENT Form 30281/oi <br />Online Documents, Inc. P�ge 10 Of 11 NEEDEED 1108 <br />.��� <br />. � k , r, <br />� �t, .,��. � ��: <br />s�Aa:�: �s� <br />