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202006123 <br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant <br />to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section <br />20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; Ib) "Environmental Law" means federal laws <br />and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; lc) <br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental <br />Law; and Id) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />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 to <br />be appropriate 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 or other action <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited <br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and lc) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If <br />Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />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 Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 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 acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to 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 Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be <br />entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited <br />to, reasonable attorneys' fees 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 any part of the <br />Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to <br />the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public <br />notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, <br />shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in <br />the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br />parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its <br />designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. <br />Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power <br />of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as <br />permitted by Applicable Law; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or <br />persons legally entitled to it. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this <br />Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally <br />entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee <br />for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and <br />the charging of the fee is permitted under Applicable Law. <br />24. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 9 of 11 Initials Z4 <br />