Laserfiche WebLink
201004325 <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 />party has breached any provision of, ar any duty owed by reason of, this Security Instrument, until such Borrower or Lender <br />has notified the other party (with such notice given incompliance with the requirements of Section 15) 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 time 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 />opportunit3~ to take corrective action pro~risions of this Section 2D. <br />21, Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic <br />or hazardous substances, pollutants, ar wastes by Environmental. Law and the fallowing 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" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to 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 />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause ar permit the presence, use, disposal, storage, or release of any FIazardvus Substances, or <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 Environmental 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 nol apply to the presence, use, yr slorage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses 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 or other action by any <br />governmental or regulatory agency ar private party involving the Property and any Hazardous Substance pr Environmental <br />Law of which Borrower has actual knowledge, (b) any Environmenaa] Condition, including bul not limited to, arty spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use <br />or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any <br />governmental or regulatory authority, or 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 />Envurotunental Law. Nothing herein shall create any obligation on Lender far an Environmental Cleanup. <br />NON-ilNIFORM COVENANTS. Borrotvcr and Lender further covenant and agree as follows: <br />22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration follawiug Borrower's breach of <br />any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS 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 notice is given tv Borrower, by which the default must be cured; and (d) that failure to <br />cure the default on or 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 of a default or any other defense of Borrower to acceleration <br />and sale. 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 any other remedies permitted by Applicable Law, Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies providedin this Section z2, 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 notice of default in each county 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 sell the Property <br />at public auction to the highest bidder at the time and place and under the terms designated in the uotice of sale in one or <br />more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the 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 -Single Family -Fannie MaelFreddie Maa UNIFORM INSTRUMENT M <br />~$(N~ (0811) Pa®ell of id i~a~®ia: `~~ Form 3028 1101 <br />VD IDYS~-1~9 <br />I IIII IIII VIII VIII IIIIIII IIII IIII VIII VIII VIII VIII VIII IIIV IIII ~~ <br />oDOt)N E9622316 <br />