|
20100440E
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant yr 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 ha.s breached any provision af, or any duty owed by rea.svn vf, 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 v,ill be deemed to be
<br />reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Harrower pursuant. to
<br />Section 22 and the notice of acceleration given w Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />oppomuiity to take corrective action prov7sions of this Section ZD,
<br />2]. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic
<br />ar hazardous substances, pollutants; or wastes by Environmental La.w and the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials corrtttining 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 Envirrntmental Law; arrd (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 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 />affecis the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Properly
<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 or private party involving the Property and any Hazardous Substance or Environmental
<br />Law of which Borrower has actual knowledge, (b) any $nviromn.ental Condition, including but not limited to, arry 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 remediatian of any Hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actiorts in accordance with
<br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-tJNIFO1tM COVENANTS. Borrower and Lender further covenant and agree as follows'
<br />22. Acceleration; Remedies. Lender shall give noNee to Borrower prior to acceleration following Borrower's breach of
<br />any covenant or 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 We date the notice is given to 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 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 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 notice 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 nr its designee may purchase the Property at
<br />any sale.
<br />NEBRASKA -Single Family -Fannie MaelFraddie Mao UNIFORM INSTRUMENT
<br />~,81N~ ~os~~i aaee i~ ~r~a inuieis: Form 3028 1/01
<br />DDS-NE4
<br />I VIII ICI ulll VIII IIIIII IIII III III ~I~ VIII VIII VIII III' IIII III
<br />ODODNE9614536
<br />
|