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200906561 <br />the notice of acceleration 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 2I : (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection; (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 cause, contribute <br />to, or otherwise trigger an Environmental Cleanup. <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 do, nor allow <br />anyone else to do, anythinf; affecting the Property (a) that is in violation of any Environmental Law, (b) which <br />creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, <br />creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to <br />the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally <br />recognized 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, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental I,aw o}' which Borrower has actual knowledge, (b) any Environmental Condition, <br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, <br />and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the <br />value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private <br />party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, <br />Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein <br />shall create any 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 acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the <br />action required to cure the default; (c) a date, not less than 30 days 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 before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of <br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the <br />right to bring a court action to assert the non-existence of a default or any other defeuse of Borrower to <br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its <br />option may require immediate payment in full of all sums secured by this Security Instrument without <br />further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, <br />including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, 'T'rustee shall record a notice of default in each county in which any <br />parr of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable <br />Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by <br />Applicable Law, Trustee shall give public notice of sale to the persons and in the manner prescribed by <br />Applicable Law. Trustee, without demand on Borrower, shall sell the Property at public auction to the <br />highest bidder at the time and place and under the terms designated in the notice of sale in one or more <br />Nebraska Deed oFTrust~ingle Family-Fannie MaelFreddie Mac Uniform Instrument Form 3028 1/O1 <br />MF:KS Modified <br />The Compliance Source, Inc. Page 12 of 14 Modified by Compliance Source 14301NE 08!00 lieu. 04/08 <br />www.complianeesnurce.com m2000, The Compliance Source, Inc. <br />II VIII VIII VIII VIII VIII VIII VIII VIII VIII ~II <br />