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<br />200708684 <br /> <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as <br />either an individual litigant or the member of a class) that arises from the other party's actions <br />pursuant to this Security Instrument or that alleges that the other party has breached any provision <br />of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has <br />notified the other party (with such notice given in compliance with the requirements of Section 15) <br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of <br />such notice to take corrective action. If Applicable Law provides a time period which must elapse <br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of <br />this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed <br />to satisfy the notice and opportunity to take corrective 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 <br />Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, <br />toxic 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 <br />where the Property is located that relate to health, safety or environmental protection; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can <br />cause, contribute to, or otherwise trigger an 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. <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, <br />due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, <br />or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not <br />limited 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 <br />Property and any Hazardous Substance or Environmental Law of which Borrower has actual <br />knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, <br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by <br />the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the <br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as <br />follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but <br /> <br />NEBRASKA--Single Family--Fannie Mae/Freddie Mac llNIFORM INSTRUMENT <br /> <br />Form 3028 1/01 (page 14 of 16 pages) <br /> <br />wTL <br />