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201000688 <br />1876275692 <br />remain with the Loan Servicer or be transferred to a successor Laan Servicer and are not assumed by the Note <br />purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, ar be joined to any judicial action (as <br />either an individual litigant ar the member of a class) that arises f-rom the other party's actions pursuant <br />to this Security Instrument or that alleges that the other party has breached any provision of, or any duty <br />owed by reason af, this Security Instrument, until such Borrower or Lender has notified the other party <br />(with such notice given in compliance with the requirements of Section 15) of such alleged breach and <br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. <br />If Applicable Law provides a time period which must elapse before certain action can be taken, that time <br />period will be deemed to be reasonable for purposes of this paragraph, 1'he notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower <br />pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions <br />of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the <br />following substance: gasoline, kerosene, ether flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate <br />to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, <br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" <br />means a condition that can 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 Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, <br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, <br />(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous <br />Substance, creates a condition that adversely affects the value of the Property. I'he preceding two sentences <br />shall net apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances <br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property <br />(including, but not limited to, hazardous substances consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit <br />or 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 Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of <br />any Hazardous Substance, and (c) any condition caused by the presence, use or release of a I~Iazardous <br />Substance which adversely affects the value of the Property. if Borrower learns, or is notified by any <br />governmental or regulatory authority, ar any private party, that any removal or other remediation of any <br />Hazardous Substance of"fecting the Property is necessary, Borrower shall promptly take all necessary remedial <br />actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender far <br />an Environmental Cleanup. <br />NON-iJNIFORM COVENANTS. Harrower and Lender further covenant and agree as 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 )Cnstrument (but not <br />prior to 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 30 days <br />from the date the notice is given to Borrower, by which the default must be cured; and (d) that <br />NEBRASKA--Single P'arnily--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3026 1101 (page 13 of 16) <br />First American Loan Production Services <br />First American Real Estate Solutions LLC <br />FALPS# NEFM-13 Rev. lK-OS-08 <br />~~ <br />