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<br />200705646 <br /> <br />the other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a time period which must elapse before certain action can be taken, that time <br />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 <br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective <br />action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are <br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law <br />and 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 the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" <br />includes any response action, remedial action, or removal action, as defined in Environmental Law; and <br />(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 <br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower <br />shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any <br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, <br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the <br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of <br />small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <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 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 of a <br />Hazardous Substance which adversely affects the value of the Property. If Borrower 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 Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <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 <br />acceleration following Borrower's breach of any covenant or agreement in this Security Instrument <br />(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The <br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less <br />than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The notice <br />shall further inform Borrower of the right to reinstate after acceleration and the right to bring a <br />court action to assert the non-existence of a default or any other defense of Borrower to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, <br />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 <br /> <br />NEBRASKA - Single Family - Fannie Mae/Freddic Mac UNIFORM INSTRUMENT WITH MERS .Form 3028 1/01 <br />6A(NE) (0407).01 Page 13 of 16 .. ~L.. ~/; <br />IllltIa1:t_~ f <br />