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201003491 <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the <br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other <br />parry has breached any provision of, or any duty owed by reason nf, this Security Instrument, until such Borrower or Lender <br />has notified the other party (with such notice given incompliance with the requirements of Section IS) of such alleged breach <br />and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable <br />Law provides a time period which must elapse before certain action can be taken, that lima period will be deemed to be <br />reasonable for purposes of 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 to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As usod in this Section 21: (a) "Hazardous Substances" are those substances defined as toxio <br />or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other <br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" moans fedora] taws and laws of the jurisdiction where the <br />Property is located that relate tv health, safety or environmental protection; (c) "Environmental Cleanup" includes any <br />response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" <br />moans 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, nr release of any Hazardous Substances, ar <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Envirvnrnental Law, (b) which creates an Environmental <br />Condition, or (c) which, 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 tv the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential usos and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit ar ether action by any <br />governmental or regulatory agency or private party involving the Property and any I-Iazardous Substance or Environmental <br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use <br />nr release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, of is notified by any <br />governmental nr regulatory authority, ar any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NON-UMFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of <br />any covenant yr agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable <br />Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not <br />less than 30 days from the date the uotice la given to Borrower, by which the default must be eared; and (d) that failure to <br />cure the default an ar before the date specified in the notice may result in acceleration of the sums secured by this Security <br />Instrument and sale of the Property, The notice shall further inform Borrower of the right to reinstate after acceleration <br />and the right to bring a court action to assert the non-existence afa default nr any other defense of Borrower to aecelerstinn <br />and salt. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate <br />payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale <br />and auy other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a noiice of default iu each Bounty in which any part of the Property <br />is located and shall mail copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other <br />persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee shall give public notice of sale to <br />the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall call the Property <br />st public auctlon to the highest bidder at the time and place and under the terms desiguated in the notice of sale in one or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel ofthe Property by public <br />announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at <br />any sale. <br />NEBRASKA - Singie Famny -Fannie MaelFreddte Mac UNIFORM INSTRUMENT <br />~$(N~- ~DB11) Page 110114 immu,~ Form 3028 1f01 <br />DDS-NE9 ~^. Y1'r"''.'-- <br />IIIIi11111B11111 <br />