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20050'7961
<br />Loan No: 029305555596 Data ID: 167
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either
<br />an individual litigant or the member of a class) that arises from the other party's actions pursuant to
<br />this Security Instrument or that alleges that the other party has breached any provision of, or any duty
<br />owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party
<br />(with such notice given in compliance with the requirements of Section 15) of such alleged breach and
<br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective
<br />action. If Applicable Law provides a time period which must elapse before certain action can be taken,
<br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />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
<br />the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials; �b) "Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Property is locate that relate to health, safety or environmental protection; (c) "Environmental
<br />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
<br />otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
<br />violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due
<br />to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the
<br />value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on
<br />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
<br />to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) 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, (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 ppresence, 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 following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
<br />acceleration under Section 18 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 the
<br />right to reinstate after acceleration and the right to bring a court action to assert the non- existence
<br />of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on
<br />or before the date specified in the notice, Lender at its option may require immediate payment in full
<br />of all sums secured by this Security Instrument without further demand and may invoke the power
<br />of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all
<br />expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />If Lender elects to sell Borrower's interest in the Property by exercise of the power of sale herein
<br />contained, Lender shall notify 'Trustee in the manner then required by law.
<br />Upon receipt of such notice of Lender and at the direction of Lender, 'Trustee shall cause to be
<br />recorded, published and delivered such notices of default and notices of sale as may then be required
<br />by law and by this Security Instrument. Trustee shall, only at the direction of Lender and without
<br />demand on Borrower, after such time as may then be required by law and after recordation of such
<br />notice of default and after notice of sale having been given as required by law, sell the Property at the
<br />time and place of sale fixed by it in such notice of sale, either as whole or in separate lots or parcels
<br />or items as Lender shall deem expedient, and in such order as it may determine, at public auction to
<br />the highest bidder for cash in lawful money of the United States payable at the time of sale, or as
<br />otherwise may then be required by law. Trustee shall deliver to such purchaser or purchasers thereof
<br />its good and sufficient deed or deeds conveying the property so sold, but without any covenant or
<br />warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive
<br />proof of the truthfulness thereof. Any person, including, without limitation, Borrower, Trustee or
<br />Lender, may purchase at such sale. Trustee may in the manner provided by law postpone sale of all
<br />or any portion of the Property. Trustee shall apply the proceeds of the sale in the following order:
<br />(a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of
<br />the Trustee's fees actually incurred and reasonable attorneys' fees as permitted by Applicable Law;
<br />(b) to all sums secured by this Security Instrument; (c) to the payment of junior deeds of trust,
<br />mortgages or other lienholders; and (d) any excess to the person or persons legally entitled to it.
<br />NEBRASKA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT
<br />Modified by Middleberg, Riddle & Gianna Form 3028 1/01 (Page 10 of 11 Pages)
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