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DEBORAH D SCHWEITZ /995151831527470
<br />NEBRASKA HOME EQUITY LINE OF CREDIT DEED OF TRUST
<br />© 2008 DOCMAGIC, INC.
<br />NEHESI.BOA 06/04/13 Page 10 of 13
<br />2015058.E
<br />Agreement, the servicing obligations to Borrower will remain with the Servicer or be transferred to a successor
<br />Servicer and are not assumed by the Agreement purchaser unless otherwise provided.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that
<br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument,
<br />until such Borrower or Lender has notified the other party and allowed the other party (with such notice given in
<br />compliance with the requirements of Section 15) of such alleged breach and reasonable time to take corrective action.
<br />If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will
<br />be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given
<br />to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />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: (a) "Hazardous Substances" are those substances defined
<br />as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
<br />of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)
<br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />Environmental 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 Hazardous Substances,
<br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else
<br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance
<br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
<br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that
<br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
<br />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 as required by Applicable Law prior to acceleration
<br />following Borrower's breach of any covenant or agreement in this Security Instrument or the Agreement (but
<br />not prior to acceleration under Section 18 of the Security Instrument unless Applicable Law provides otherwise),
<br />Lender at its option may require immediate payment in full of all sums secured by this Security Instrument
<br />without further demand and may invoke the power of sale and any other remedies permitted by Applicable
<br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section,
<br />including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of
<br />the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall
<br />cause this notice to be recorded in each county in which any art of the Property is located. Lender or Trustee
<br />shall mail copies of the notice as prescribed by Applicable Law. After the time required by Applicable Law,
<br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
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