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<br />200709533 <br /> <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 satisi)' the notice and <br />opportunity to take corrective action provisions of this Section 20. <br /> <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property <br />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 <br />an Environmmtal Cleanup. <br /> <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not <br />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 afl"ects the value of the <br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of 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 <br />in consumer products). <br /> <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any <br />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 <br />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. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <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 <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than the <br />minimum number of days established by Applicable Law from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or <br />before the date specified in the notice may result in acceleration of the sums secured by this <br />Security Instrument and sale of the Property. To the extent permitted by law, the notice shall <br />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 />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect <br />all expenses incurred in pursuing the remedies provided In this Section 22, including, but not <br />limited to, reasonable attorneys' fees and costs of title evidence. <br /> <br />NEBRASKA - Sill8lc family - FIIIIIIIII&.I. MulFudd" MIIo(l UMFOR1\t INSTRUMENT <br />Cl2004-2006 Copyright. Complianco S)"t.011lIl. Inc. 2D26-6E6, - 2006.11.140 <br />Si:ngI~ Farni.ly R~al Bstate - Security 11llItnnnl:lllt DI...2047 <br /> <br />r.go 12 of 14 <br /> <br />Fonn3018 1101 <br />www.complianC~Yllt.cm!j. ,C(lITl <br />800.%8.8522. Fa)( 616.956.1868 <br />