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<br /> <br /> <br /> <br /> <br /> <br /> 2010049'76 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Neither Borrowernor 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, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender <br /> has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach j <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 /> opportunity- to take corrective. ac tion,provisions,-of this Section 20. <br /> 21. Hazardous. $ubstonces As used in this Section 21 a) "Hazardous Substances" are those substances :.defined as ,to rrc j <br /> ::or hazardous substanceg,:::pollutants; .or wastes by Environmental•:Lawand the following substances; .gasoline, kerosene; other;, <br /> •ltxatnmable or toxic,petrpleiun; prod herbicides;,volatile solvents,. materials containing asbestos 'o <br /> 'formaldehyde, .and radioactive materials; (b) "Environmental Law" means federal laws and laws.of.the jurisdiction.where.th6, <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 Faiviromuental Law; mid (d) an "Environmental Condidon'• <br /> means a condition that can, cause; contribute to, or otherwise trigger an Environmental Cleanup. <br /> <br /> Borrower shall tiot•: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. i <br /> affects the value of the Property, The preceding two sentences shall not apply to the presence, use, or storage on the. Property <br /> of small quantities. of•Hazardotis Substances that are generally recognized to be appropriate, to normal residential use andto. . <br /> maintenance of the Property, (including,: but not. limited to, hazardous substances in consumer products). <br /> Borrower shall ,proriaptly give Lender written notice of (a) any. investigation, claim, demand, lawsuit or other, actwn • b} any. <br /> governmental 'or regulatory agency or private party involving the Property, and'any Hazardous Substance or Envix9pmenMI, I <br /> Law of which'13orrower 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 /> 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 Properly 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-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> 22. Acceleration; Remedies. Tender shall give notice 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 1S 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 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 /> lustrument 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 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 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 or its designee may purchase the Property at <br /> any sale. <br /> NEBRASKA - Single Family - Fannie MaelFreddie Mao UNIFORM INSTRUMENT <br /> 4W~(NEI (oen) Page n ale inueis: Form 8028 11ol <br /> DDS_M9 <br /> I loll 1111111111111111111111111111111111111111111111111111111111111 <br /> OOPONE9622306 <br />