|
202100433
<br />LOAN #: 12505782
<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 afforded
<br />the other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />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
<br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br />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
<br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pesticides and herbicides, volatile solvents, materials containing asbestos orformaldehyde, and radioactive
<br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property
<br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes
<br />any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"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
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall
<br />not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
<br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,
<br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances
<br />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;
<br />and (d) that failure to cure the default on or before the date specified in the notice may result
<br />in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to
<br />bring a court action to assert the non-existence of a default or any other defense of Borrower
<br />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
<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
<br />by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the
<br />time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the
<br />manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property
<br />at public auction to the highest bidder at the time and place and under the terms designated in the
<br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone
<br />sale of all or any parcel of the Property by public announcement at the time and place of any
<br />previously scheduled sale. Lender or its designee may purchase the Property at any4te.
<br />Initials. j
<br />NEBRASKA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01
<br />Ellie Mae, Inc. Page 10 of 11 NEEDEED 0315
<br />NEEDEED (CLS)
<br />01/12/2021 09:49 AM PST
<br />
|