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201300494
<br /> V2 WBCD LOAN # 503599191
<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 notified 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,or wastes by Environmental Law and
<br /> the following substances: gasoline, kerosene, other flammable or toxic 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,or release of a Hazardous Substance,creates a condition that adversely affects the value
<br /> of the Property.The preceding two 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 /> 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.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
<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 days from the date the notice is given to Borrower,by which the default must be cured;and
<br /> (d) that failure to cure the default on or before the date specified in the notice may result in
<br /> acceleration of the sums secured by this Security Instrument and sale of the Property.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-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 specified in the notice,
<br /> Lender at its option may require immediate payment in full of all sums secured by this Security
<br /> Instrument without further demand and may invoke the power of sale and any other remedies
<br /> permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in pursuing
<br /> the remedies provided in this Section 22,including,but not limited to,reasonable attorneys'fees
<br /> and costs of title evidence.
<br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which
<br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by
<br /> Applicable Law to Borrower and to the other persons prescribed by Applicable 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 Property at public
<br /> auction 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 sale of all
<br /> or any parcel of the Property by public announcement at the time and place of any previously
<br /> scheduled sale.Lender or its designee may purchase the Property at any sale.
<br /> Initials: i La..i
<br /> NEBRASKA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br /> Online Documents,Inc. Page 10 of 11 NEEDEED 1212
<br /> 01-11-2013 16:38
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