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<br />, . <br /> <br />200601517 <br /> <br />LOAR .. 8250129080 <br />that th~ other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section <br />15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to <br />take corrective 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 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 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 Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that <br />adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage <br />on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property Oncluding, but not limited to, hazardous substances in consumer <br />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 (c) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. <br />If 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 /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give noUce to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement In thl. Security Inatrument (but not prior to acceleration under Section 18 <br />unless Applicable Law provide. otherwise). The notice shall specify: (a) the default; (b) the action required to <br />cure the default; (c) a date, not Ie.. than 30 days from the date the notice Is given to Borrower, by which the default <br />must be cured; and (d) that failure to cure the default on or before the date specified In the notlco may rosult In <br />acceloratlon of the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />Infonn Borrower of the right to reinstate after acceleration and the right to bring a court action to a...rt the non- <br />existence 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 of all sums <br />secured by this Security Instrument without further demand and may Invoke the power of sale and any other <br />remedle. permitted by Applicable Law. Lender shall be enUUed to collect all expense. Incurred In pursuing the <br />remedies provided In this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br />If the power of sale la InVoked, Trustee ahall record a notice of default In each county In which any part of <br />the Property Is located and shall mall copies of such notice In the manner prescribed by Applicable Law to <br />Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, <br />Trustee shall give public notice of sale to the persons and In 61e manner prescribed by Applicable Law. Trustee, <br />without demand on Borrower, shall..1I the Property at public aucUon to the hlghe.t bidder at the time and place <br />and under the terms designated In the notice of sale In one or more parcels and In any order Trust.. determines. <br />Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of <br />any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. <br />Upon receipt of payment of the price bid, Trustee ahall deliver to the purchaser Trustee's deed conveying the <br />Property. The recitals In the Truatee'. deed ahall be prima facie evidence of the truth of the atatementa made <br />therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all costs and expenses of <br />exercising the power of sale, and the sale, Including the payment of the Trustee's f..a actually Incurred and <br />reasonable attorneys' fees as pennltted by Applicable Law; (b) to all sum. secured by this Security Instrument; <br />and (c) any excess to the person or person. legally entitled to It. <br />23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee <br />to re.convey 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 <br />fee for reconveying the Property, but only If the fee Is paid to a third party (such as the Trustee) for services rendered <br />and 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 trustee <br />to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is <br />recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />25. Request for Notice.. Borrower requests that copies of the notice of default and sale be sent to Borrower's <br /> <br />address which is the Property Address. IDitials'(_._'-"{./~h ~~ <br /> <br />NEBRASKA--Glngle Family.....nnl. Ma./Fntddl. Mac UNFORM INSTRUMENT Form 30281/01 <br />@ 1999-2004 Online Documents, Ine. 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