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241005445
<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 ]ras 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 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 acid 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 used in this Section 2l: (a) "Hazardous Substances" are those substances deemed as toxic
<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" 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 deftned 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, ar 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 />al7ecls 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 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 Envirommental Condition, including but not limited to, airy 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 afTects 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 />a(1'ecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance with
<br />1nvironmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON-TJNIFORM 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 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 />lean Wan 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 />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 mall copies of such notice in the manner prescribed by Applicable Law to Borrower and to the other
<br />persons prescribed by Applicable Law. After We 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 We 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 Mac UNIFORM INSTRUMENT Y
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