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200710284 given to BOlTower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petToleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactivc matcrials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Propeliy is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in tbe Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, duc to the prescnce, use, or release of a Hazardous Substance, creates a condition that adversely affects the value ofthc Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal rcsidential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). BOlTower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which BOlTower has actual knowledge, (b) any Environmcntal Condition, including but not limited to, any spilling, leaking, discharge, release or threat of relcase of any Hazardous Substance, and (c) any condition caused by the presence, use or release ofa Hazardous Substance which adversely affeets the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rcmediation of any Hazardous Substanee affecting the Property is neccssary, Bon-ower shall promptly take all necessary remedial actions in aecordmlce with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Bon'ower and Lender furtber covenant ffild agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specity: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration ofthe sums secured by this Security Instrument and sale ofthe Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. J f the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of thc Property is located and shall mail copies of such notice ill the manuer prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applieable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. Trustee, without demand 011 Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all 01' any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Upon receipt of payment of the price bid, Trustee shall deliver to the purchaser Trustee's deed conveying the Property. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all costs and expenses of exercising the power of sale, and the sale, including the payment of the Trustee's fees actually incurred and reasonable attorneys' fees as Nebraska J)c~d of'I'r~;t~Sjnglc'r<"-a;:;;Tly-F;nJlic Mac/Freddie Mac UNIFORM INSTRUMENT .,"-THE COM1'LlANCE SOURCE, INC.- l'age 11 of 13 www.colllpliaJ1cesoUl(:€:.(;(Jlll M"J{S Modil1ed Form 3028 01101 14JOINF. 08/00 ((:)):000, 'rhl;: Compljall(:c SOlln:~(:, Inc, 5778896 =\'1\ \-\ ~-