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<br />200602428 <br /> <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or <br />that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, <br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements <br />of Section IS) of such alleged breach and afforded the other party hercto a reasonable period after the giving of such <br />notice to take corrective action. If Applicablc Law provides a time period which must elapse before certain action can <br />be taken, that time period will be deemed to bc reasonabLe for purposes of this paragraph. The notice of accelcration <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 satisty the notice and opportunity to take corrective action provisions of <br />this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (u) "Hazardous Substances" ure those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws <br />and laws of tbe jurisdiction wbere tbe Property is located that relate to health, safety or environmental protection; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental Cleanup. <br />Borrower sball 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 not do, nor allow <br />anyone else to do, anything affecting the Property (n) tbat is in violation of any Environmental Law, (b) which creates <br />an Environmental Condition, or (c) which, due to tbe presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value ofthe 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 110t <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 Enviro1ll11ental Law. Nothing herein shall create any obligation <br />on Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Accel(."mtioD; Remedies. Lender shall b>1Ve 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 />defuult; (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 defdult 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 defdult <br />or any other defense ofBorrowcr to accclcrdtion and sale. If the defuult 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 incmred in pursuing the remedies provided in this Section 22, <br /> <br />lnltim" @ ~ <br /> <br />Fo m 3028 01 1 <br />14001NE 08/00 <br />liil2000, The Compliance Source, Inc. <br />[Doc 10 6646] <br /> <br />Nebraska Deed of Trust-Single Family~Fnnnie MnclFrcddie Mae UNIFORM INSTRUMENT <br />-THE COMPLlANCESOURCE, INC.- Page 12 of 14 <br />w\vw .compliancesource.com <br />