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201009674 <br />Neither Barrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual (itigant or the member of a class) that arises from the other party's actions pursuant to this <br />5ecurity [nstrument or that alleges that the ather party has breached any provision of, or any duty owed <br />by reason of, this Security Instrument, until such Borrower or L,ender has notified the other party (with <br />such notice given in compliar►ce with the requirements of Section 15) of such alleged breach and afforded <br />the other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a time period which must elapse before certain action can be taken, that time <br />period wili be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure �iven to Borrower pursuant to Section 22 and the notice of acceleration given to <br />Borrawer pursuant to Section 18 shall be deemed to satisfy the notice and appartunity to take corrective <br />action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; <br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Praperty is lacated <br />that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any <br />response action, remedial action, or removal action, as defined in �nvironmental Law; and (d) an <br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise tri�ger an <br />Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, ar threaten to release any Hazardous Substances, on or in the Property. Borrower shatt not <br />do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environm�ntal <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of <br />a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding <br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normai residential uses and to <br />maintenance of the Praperty (including, but not lirnited to, hazardous substances in consumer products). <br />Barrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other actian by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knawledge, (b) any <br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat <br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of <br />a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified <br />by any governmental or regulatory authority, or any private party, that any rernoval or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shal l promptly take al I necessary <br />remedial actions in accardance with Environmental Law. Nothing herein shall create any obligation on <br />Lender for att Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows: <br />22. Acceler�tion; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any cavenant or agreement in this Security Instrument (but not prior <br />��� I - 1757307723 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT I� /� Form 30281/Ot <br />VMP� -���, 1 / <br />Wolters Kluwar Financial Services 201011303.5.0.O.40022p100528Y Initials: ��., Page 14 of 77 <br />7 3 <br />