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<br />200607821
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<br />Loan No: 4002557800
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<br />Data!D: 858
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<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, unti[ such Borrower or Lender has notil1ed 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 clapse before certain action can be t<lkcn,
<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 satisJ:y the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. HaZllrdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances dcl1ned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and
<br />the following substances: gasoline, kerosene, other tlammable 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 located that rclate 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 th,lt can cause, contribute to, or
<br />otberwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or rclease 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 notiee 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 1.<IW 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 presence, use or release
<br />of a Hazardous Substance whieh adversely affects the value of the Property. If Borrower learns, or is
<br />notil1ed 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.
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<br />NON.UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. I""nder shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or al:reement In this Security Instnlment (but not prior to
<br />acceleration under Section 1.8 unless Applicable I.aw 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 ~"Ure
<br />the default on or before the date spaified 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 aC~'eleration and the right to bring a court action to assert the non-exlsten~"C
<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 notk'e, 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 I.aw, Lender shall be entitled to collect all
<br />expenses incurred In pursulnl: the remedies pmvlded In this Section 22, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evlden~'e.
<br />If Lender elects to sell Borrower's interest In the J'roperty by exercise of the power of sale herein
<br />contained, l.ender shall notify Trustee In the manner then required by law.
<br />Upon receipt of such notice of l.ender and at the direction of I""nder, 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 I""nder and without
<br />demand on Bormwer, 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 b'iven as required by law, sell the Pmperty at the
<br />time and place of sale fixed by It in such notice of sale, either as whole or In separate lots or pan"Cls
<br />or items as I""nder 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 />pnKlf of the truthfulness thereof. Any person, indudin~, without limItation, Borrower, Tmstee or
<br />I""nder, 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 Se~"Urity Instrument; (c) to the payment of junior deeds of trust,
<br />mort!:ages or other lienholders; and (d) any excess to the person or persons legally entitled to it.
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<br />NEBRASKA. Single Family - Fannie Maa/Freddie Mac UNIFORM INSTRUMENT
<br />Modified by Mlddleberg, Riddle & Gianna Form 3028 1/01 (Page 10 of 71 Pages)
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