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<br />200701335
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<br />Loan No: 136593
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<br />Data lD: 470
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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 allt:ges 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 elapsc before certain action can bc 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 thc 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 i~ located 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 c<,use or permit the presence, usc, 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 presence, 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.
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<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. It' 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 the power of sale is invoked, Trustee shall record a notice of default in each county in which
<br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by
<br />Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time
<br />required by Applicable Law, Trustee shall give public notice of sale to the persons and in the manner
<br />prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public
<br />auction to the highest bidder at the time and place and under the terms designated in the notice of
<br />sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all
<br />or any parcel of the Property by public announcement at the time and place of any previously
<br />scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed
<br />conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth
<br />of the statements made therein. 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; and (c) any excess to the person or persons legally
<br />entitled to it.
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<br />NEBRASKA" Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Form 3028 1/01 (Page 10 of 11 Pages)
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