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200107790
<br />Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
<br />otherwise provided by the Note purchaser.
<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 Security
<br />Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
<br />this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given
<br />in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto
<br />a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
<br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
<br />for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
<br />satisfy the notice and 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 the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
<br />to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
<br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
<br />means a condition that can cause, contribute to, or otherwise trigger an 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 Property. Borrower shall not do,
<br />nor allow anyone- else to do, anything affecting the Property (a) that is in violation of any Environmental Law,
<br />(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
<br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
<br />the Property (including, but not limited to, 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 of private party involving the Property and any Hazardous
<br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
<br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,
<br />and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the
<br />value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private
<br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
<br />Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein
<br />shall create 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 following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
<br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
<br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
<br />right to bring a 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, Lender at its
<br />option may require immediate payment in full of all sums secured by this Security Instrument without further
<br />demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall
<br />be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but
<br />not limited to, reasonable attorneys' fees and costs of title evidence.
<br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 1 /01
<br />Document systems, Inc. (800) 649 -13622 Page 11 of 13
<br />NE302811.WT 11111111111111111111 II II 1111111II1111111111 111111111 111111111111 III
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