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<br />200701002
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<br />Neither Ilorrower 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 anses from the other party's actions !lllrsuant to this
<br />Security Instrument or that alleges that the other party has breached any provlsion of, or any duty owed
<br />by reason of, this Security Instrument, until such Ilorrower or Lender has notified the other party (with
<br />such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
<br />the other party hereto a reasonable period uCier the giving of sueh notice to take corrective action. IT
<br />Applicable Law provides a time period which must dapse before certain action can bc taken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of aeee/eration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br />Borrower pursuant to Section I S shall be deemed to satisfy the notice and opportunity to take cOlTeetive
<br />action provisions of this Scetion 20.
<br />2L Hazardous Substances, As used in this SectIOn 21: (a) "'lhu.ardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental I ,aw and the
<br />following substances: gasolinc, kerosene, other nanunabIc or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, l11uterials containing asbestos or fonnaldchyde, and radioactive
<br />materials~ (b) "EnvirolUnental Law" means federal laws and laws ofthc jurisdiction where the Property is
<br />located that relate to health, safely or environmental protection; (c) "Environmental Cleanup" includes
<br />any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"EnvirolUnental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />BOlTower shall not cause or pem1it the presence, use, disposal, storage, or release of any
<br />Hazardous Substances, or tlueaten to relcase any Hazardous Substances, on or in the Property. BOlTower
<br />shall not do, nor allow anyone else to do, anythmg affecting the Property (a) that is in violation of any
<br />EnvirolUl1ental Law, (b) which creates an Envirorilllental Condition, or (c) which, due to the presence,
<br />use, or release of a Ilazardous Substance, creates a condition that adversdy affects the value or the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of
<br />smnll quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal
<br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in
<br />consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
<br />lawsuit or other action by any govenunental or regulatory agency or private party involvmg the Property
<br />and any llazardou~ 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 presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If 130lTower learns, or is notified
<br />by any governmental or regulatory authority, or any private party, that any removal or other remediation
<br />of any Hazardous Substance affecting the Propcrty is necessary, Ilorrower shall promptly take all
<br />necessary remedial actions in accorcutIlce with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an EnvirolUIlental Cleanup.
<br />NON-tJNIFORM COVENANTS. BO!Tower and Lender fi.uther eovcnant and agree as follows:
<br />22. Accelcration; Rcmcdics. Lender shall give notice to Borrower prior to acceleration
<br />followin~ Borrower's breach of any covenant or a~reement in this Security Instrument (but not
<br />prior to acceleration under Section 18 unless Applicable Law provides otherwise), The notice shall
<br />specify: (a) the default; (h) the action required to cure the delimit; (c) a date, not less than 30 days
<br />from the date the notice is given to Borrower, hy which the default must be cured; and (d) that
<br />failure to cure the default on or before the date specified in the notice may result in acceleration of
<br />the sums secured by this Security Instrument and sale of the Pmperty. The notice shall further
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<br />NEBRASKA - Single Famity - Fannie Ma~fJ;'reddi~ Mac IJ'IIFORM INSTRUMEI\T WITH MERS J;'orm jtlZll lIlll
<br />VMP-6A(NE) (04117).0] Page 1:J of 16. 1l.z'J.. Jr;{)
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