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20001043'7
<br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such
<br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can
<br />be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration
<br />and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
<br />pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of
<br />this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (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 Environmental
<br />Law; and (d) 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 presence,
<br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
<br />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
<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 any
<br />removal or other 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 any obligation
<br />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 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
<br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration
<br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower
<br />of the right to reinstate after acceleration and the right to bring a court action to assert the non - existence of a default
<br />or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified
<br />in the notice, 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 permitted by Applicable
<br />Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
<br />including, but not limited 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
<br />to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give
<br />public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand on
<br />Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms
<br />designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone
<br />NEBRASKA -- Single Family -- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form 3028 3/99
<br />Document Systems, Inc. (800) 649 -1362 Page 10 of I I
<br />NE302810.DOT
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