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2�0120'75 � 1 <br />LaaN �: 0038347852 <br />Neither Borroveer nor Lender may commence, join, or be joinsd to any judicial actlon (as either an <br />individual Iftigant or the member of a class) that arises from the other party's acfions pursuant to this <br />3ecurfiy Instrument or that alleges that the other party has breached any provision of, or any duty ow�ed <br />by reason of, this Security Insttvment, until such Borrvwer or Lender has notified the otlier party (vvith <br />such notice glven in compliance with the requirements of SecUon 15) of such alleged breach and <br />affoorded the other party hereto a reasonable period after the giving of such notice to take corrective <br />action. If Applicable Law provides a fime 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 o# <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 ta satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substanaea As used in this Section 21: (a) "Hazardaus Substances° are those <br />substances deflned as toxlc or hazardous substances, pollutants, orwastes by En�ironmental Law and <br />the following substances: gasoline, kerosene, other ilammable or to�ac petroleum products, toxic <br />pesticides and herblcides, volatlle solvents, materials containing asbestos or formaldehyde, and <br />radioactive materlals, (b) °Environmental Lawp means federal laws and laws of the jurisdiction where <br />fhe Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any response action, remedlal action, or removal action, as defined in Environmental <br />Law; and (d) an °Environmental Condition" means a condition that can cause, cantribute to, or <br />otherwise trigger an Environmental Cleanup. <br />Borrower ahall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances, or threaten to release any Hazardous Substances, an 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, (i�) wrhich creates an Environmental Condi�on, or (c) which, due to the <br />presence, use, or release of a Hazardous Substance, creates a condiUon thatadversely �ffects the value <br />of the Property. The preceding ttroo sentences shali not apply to the presence, use, or storage on the <br />Property of small quantftfes of Haaardous Substances that are generalty recognized to be appropriate <br />to normal res(dentiai uses and to rnaintenance of the Property (including, but not limited to, hazardous <br />substances in consumer products). <br />Borrower shail promp�tly give Lenderwritten notice of (a} any investigation, claim, demand, lawsuit <br />or other aation by any govemmental or regulatory agency ar private party involving the Property and <br />any Hazardous Substance or Enviranmental Law of which Borrower has actual knowledge, (b) any <br />Environmental Condition, including but not limited ta, 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 aitects the value of the Property. If Borrower leams, or is <br />notifled by any govemmental or regula#ory authority, or any private party, #hat any removal or other <br />remed(atlon of any Hazardous Substance a�ng tha Property is,necessary, Borrower shall promptty <br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create <br />any obligation an Lender for an Environmental Cleanup. <br />NOfV-UNIFORM COVENANTS. Borrower and Lender further cavenant and agree as follows: <br />22. Accelerat{on; Remedles. Lender �hall give notice to Borrower prlor to acceleratlon <br />following Borrower's breach of any covenant or agreement fn thta Securlty Inatrument (but not <br />pMor to acceleration under Section 18 unles� �►pplicable Law provides otherwise). The noUce <br />shall speclfy: (a) the def�ault; (b) the actlon requlred to cur� #he defautt; (c) a dete, not less than <br />30 days from the date the no�ce Is given to Borrower, by which the default mu�t be cured; and <br />(d) that fellure to cure the def�uR on or before the dete apecified In the notice may regult In <br />acceleration of the sums secured by this SecuNty Instrument and sele of the Property. The noSce <br />shali further Inform Borrower of the rlght to relnatate after acceleraUon and the right to b�ing a <br />court action to a�ert the non-existence of e' default or any other defense of Borrower to <br />acceleratlon end sale. If the default t� not cured on or befor� the date speclfied in the notice, <br />Lender at its option may requ9re immediate payment In full of all sums secured by th{s Security <br />Inetrument without further demand and may Invoke the power of sale and �ny other remedie� <br />permltted by Applicable law. Lender �hall be enUtled to coilect all expenses incurred in pursuing <br />the remedies provided in �is Sectfon 22, including, but not limited to, reaeonable attomeys' feem <br />and cost� of title evldence. ' <br />If the power of sale is irnoked, Tnistee shall record a notice of defeult En each county In which <br />any part of the Property Is located end ahail matl coples of auch noUce in the manner prescribed by <br />Appllaable Lew to BoROwer and to the other persons prescribed by Appllcabie Law.l4fter the �me <br />required byAppllcable I.aw, Trustee shall give public nattce of �le to the persons and in the manner <br />prescribed byl4pplicable L.ew. Trustee, without demand on Borrower, shall �I{ the Properly atpublPc <br />auctlon to the hlghest bldder at the tbne �nd place and under the terms designated In t�e notice of <br />�le in one or more parcels and in erry order Trttstee determines. Trustee may postpane safe of all <br />or any parsel of tiie Property by public announcement at the ilme �nd place of an pre usly <br />scheduled �le. Lender or it9 deslgnee may purohase the Properly at any sale. <br />initialas <br />NEBRASKA—Single Fami{y—Fennte Mae/Freddte Mac UNIFORM INSTRUMHN7' Form 30281/01 <br />Online Documertts, Ina Page 10 of 11 NEEDEED 1108 <br />� � <br />r w� �� <br />