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<br />200706393
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<br />Loan No: 070711007
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<br />Data 10: 271
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<br />Neither Borrower nor Lemler 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 Sel'llrity Instrument or that alleges 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 sudl notiec given in compliance with the requircments of Section 15) of such alleged brcach 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 elapse before certain action can be taken,
<br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />aeeelenllion and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />aeecleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the 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 thosc
<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 is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includcs any response action, remedial action, or removal action, as defined in Environmental
<br />Law; and (d) an "Environmcntal Condition" me,llJS a condition that can cause, contribute to, or
<br />otherwise trigger an Environmental Cleanup.
<br />Borrower shall not eaose 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.
<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 rele,lse of a Hazardous Substance, creates a condition that adversdy 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 genewlly 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 [)f (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. Accelcration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />llo....ower's breach of any covcnant or agreement in this Security Instrument (but not prior hl
<br />acceleration under Section 18 unless Aplllicable Law provides otherwise). The notice shall specily:
<br />(a) the delimit; (h) the action required to cure the default; (c) a date, not less than 30 days from the
<br />date the notice is given hI Borrower, by which the default must be cured; and (d) that failure to curc
<br />the default on or before the date specitied in the notice may result in acceleration of the sums secured
<br />by this Security Instrnment and sale of the I'roperty. The notice shall furtber inform Borrower of the
<br />l'ight to reinstate after acceleration and the l'ight to bring a court action to assert the non-existence
<br />of a default or any otber defense of Borrowcr to acceleratiou and sale. II' the default is not cured on
<br />or bcfore tbe date specined in the notice, Lender at its option may require immediate payment in full
<br />of all sums secured by this Security Instrumcnt without further demand and may Invoke thc power
<br />of sale and any other remedies permitted by Applicable Law, Lender sball be entitled to collcct all
<br />expenses incurred in pursuing the remedies provided in this Section 22, including, hut not limited to,
<br />reasouable attorneys' fces and L'Osts of title evidence,
<br />II' the power of sale is invoked, Trustee shall record a notice of default in each county in which
<br />allY part of the Property is located and shall mail copies of such notice in the manner prescribed hy
<br />Applicablc Law to Borrower and to the other persons prescribed by Aplllicable Law. Aller the time
<br />required by Applicable Law, Trustee shall give 11Ilbllc notice of sale to the persons and in the manner
<br />prescribed by Applicable Law. Trustee, without demand onllorrower, shall sell the Property at public
<br />auction to the highest bidder at the time and place and undcr the terms designated in tbe notice of
<br />sale iu One or more parcels and in allY order Trustee determines, Trustee may postpone sale of all
<br />or any parcd 01' the I'roperty by public allllouncemellt at the time and place of any previously
<br />schcduled sale, Lender or its designee may purchase the Property at any sale.
<br />Upon receipt of payment of the price bid, Trustee shall deliver h, the purchaser Trustee's deed
<br />conveying the l'roperty. The recitals in the Trustee's deed shall be Ilrima facie evidence 01' the truth
<br />of the statements made therein. Trustee shall apply the procceds of the sate 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 hy 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 - Fannia Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Form 3028 1/01 (Page 10 of 11 Pages)
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<br />1111I111111 ~ 1111111111111111111111111111111111111111111111111111111III1 111111111111111111111 111111111 1111 III II! 111111111111111111111111111111111111111111111111111111111I
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<br />P+0070711007+9407+10+11 +NECNVADT
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