Laserfiche WebLink
200412251 <br />17. Notice of Grievance. Neither Borrower nor Lender may commence, join, or be joined to any <br />judicial action (as either an individual litigant or the member of a class) that arises from the other party 's <br />actions pursuant to this Security Instrument or that alleges that the other party has breached any provision <br />of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified <br />the other party of such alleged breach and afforded the other party hereto a reasonable period after the <br />giving of such notice to take corrective action. If Applicable Law provides a time period that must elapse <br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of this <br />Section. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 19 and <br />the notice of acceleration given to Borrower pursuant to Section 15 shall be deemed to satisfy the notice <br />and opportunity to take corrective action provisions of this Section 17. <br />18. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, <br />or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone <br />else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding <br />two sentences shall not apply to the presence, use, or storage on the Property of Hazardous Substances in <br />quantities that are generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, <br />lawsuit or other action by any governmental or regulatory agency or private party involving the Property <br />and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If <br />Borrower learns or is notified by any government or regulatory authority, that any removal or other <br />remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take <br />all necessary remedial actions in accordance with Environmental Law. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge. Borrower shall <br />promptly give Lender written notice of any Environmental Condition, including but not limited to, any <br />spilling, leaking, discharge, release or threat of release of any Hazardous Substance. Borrower shall <br />promptly give Lender written notice of any condition caused by the presence, use or release of a <br />Hazardous Substance that adversely affects the value of the Property. If Borrower learns, or is notified by <br />any governmental or regulatory authority, or any private party, that any removal or other remediation of <br />any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />As used in this Security Instrument, "Hazardous Substances" are those substances defined as toxic or <br />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, <br />materials containing asbestos or formaldehyde, and radioactive materials. As used in this Security <br />Instrument, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is <br />located that relate to health, safety or environmental protection. As used in this Security Instrument, <br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental Law. <br />19. 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 prior <br />to acceleration under Section 15 unless Applicable Law provides otherwise). The notice shall specify: <br />(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the <br />date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure <br />the default on or before the date specified in the notice may result in acceleration of the sums secured <br />by this Security Instrument and sale of the Property. The notice shall further inform Borrower of <br />the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the <br />non - existence of a default or any other defense Borrower may have to acceleration and sale (if such <br />Borrower Initials /\ <br />GMD Nebraska Junior Lien DOT - HC Form 33703.3 05/17/02 (page 10 of 13 pages) <br />T <br />