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�oious2si <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 Securiry Instniment or that alleges that the other <br />party ha.s brea.ched any provision of, or any duty owed by reason of, this Sect�ri .ty Tnstrunlent, �mta] si�ch Barrower or Lender <br />has notified the other party {with such notice given in compliance with the requiremcnts of Scction 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 tune period will be deemed to be <br />reasonable for purposes of this pa.ragra.ph. Tl�e notice of a.cceleration and opportunity to cure given to Borrower pi�rsuant to <br />Section 22 and th.c notice of accelcration given to Borrower pursuant to Section 18 shall be decmed to satisfy the notice and <br />opportunity to take coxrective action provisions of this Section 20. <br />2]. 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 Environxnental I,awand thc following substances: �soline, kerosene, other <br />flarnmablc pr toxic pctroleum produets, toxic pesticides and herbicides, volatile solvents, matcrials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction wherc the <br />Properiy 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 EnvironaneNal Law; aa�d (d) an "Environzaaental Condition" <br />mcans a condition khat can cause, contribute to, or otherwise trigger an Environmental Clcanup. <br />Borrower shall nol cause or pennit fhe preseiice, 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) wluch creates an Environment<tl <br />Condition, or (c) «hich, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of t1i� Property. T}�e preceding lwo sentci�ces shall noC apply Co the preser�ce, use, or sCorage on thc Property <br />of small quanlities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but noC 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 />govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower l�as act��al knowledge, (b) �riy Environmental CondiUon, including but not limited to, arry spillirig, <br />Jeaking, 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 va7ue of the Property. If Borrower leams, 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 />aftecling the Property is necessary, Borrow�er shall promptly take ali necessary reinedial actions in accardance with <br />�nvironmental Law. Nothing herein shall create any obligation on Lender for an Envirorunental Cleanup. <br />NON-TINIFORM COVENANTS. Bonower and Lender further covenazxt and agrec as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of <br />any covenant or a�reement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable <br />Law provides otherwiae). The notice shall specify: (a) the default; (b) the actiou required to cure the default; (c) a date, not <br />less than 30 days from tbe d�tc the nalice is given to Borrower, by which the default must be cured; and (d) tbat failure to <br />cure the default on or before the date specified in the notice may result in acceleration of the aums secured by this Security <br />Instrument and sale of the Property, The notice shull further inform Borrower of fhe right to reinstate after acceleration <br />and the right to brin� a court action tn 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 bef'ore the dale specitied in the notice, Lender at its option may require iromediate <br />payment in full of all sams secured by this Security Instrument without further demand and may invoke the power of sale <br />and uny other remedies permitted by Applicable Law. i.ender shall be entitled to coUect all expenses incurred in pnrsuing <br />the remedics providedin this Section 22, including, butnot timited to, reasanable attorneys' fees and costs of title evidence. <br />if the power ot sale is invoked, Trustee shall record a notice of det�ault in each county in which any part oi the Property <br />is located and shall mail copi�y oi such nutice in thc manner prescribed by Applicable Law to Borrower and ta the other <br />persons prescrihed by Applicable Law, After the time required by Applicable Law, Trustee shall give public notice of �ale to <br />the persons and in the manner prescribed by Applicuble Law, Trustee, without dcmand on Borrower, shall sell the �roperty <br />at public auctinn to the hi�hest 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 ofthe Property bypublic <br />announcement at the time and place of any previously scheduled sale. Lender or it� designee may ��urchase the Property at <br />any sale. � <br />� <br />NEBRASKA - Single Family - Fannie MaelFreddie Maa UNIFORM INSTRUMEN7 '� <br />�,g,N� (p811� Page 11 M14 InHlela: .7 L� <br />DDS-NE9 <br />Farm 3028 1/01 <br />IIIIII IIIII IIIN I�II IIIII� IIII IIII IIIII IIIII IIIII IIIN IIIII III� II� III <br />