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20�105�14
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or ttxe
<br />member of a class) that arises from the other party's actions pursuant to this Security Instr�ment or that alleges that the other
<br />pazty has breached any provision of, or any duty owed by re�ason of, this 5ecurity Instrument, until such Borrower or Lender
<br />has norified the other pariy (with such notice given in compliance 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 conrective action. If Applicable
<br />Law provides a time period wkrich 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 opporhuiity to c�e given to Bonower pursuant to
<br />Section 22 and tkie notice of acceleration given to Bonowez pursuant to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to take conective action provisions of tlus Sec6on 20.
<br />21. Hazardous 5nbstances. As used in this Section 21: (a) "Haza.rdous Substances" are those substances defined as toxic
<br />or hazardous substances, pollutants, or wastes by Environmentai 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 acrion, remedial action, or removal action, as defined 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, or release of any Hazardous Substances, or
<br />tlueaten to release any Hazardous Substaaces, on ar in the Properiy. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Envitonmental 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 thzt adversely
<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 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 no6ce of (a) any investiga6on, 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 />L,aw of which Bortower has actual l�owledge, (b) any Environmetttal Condition, including but not limited to, any spilling,
<br />leaking, dischazge, 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 Bonower 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 Property is necessary, Borrower shall promptly take all necessary remedial acrions in accordance with
<br />Environmental Law. Nothing herein sha11 create any obligation on Lender for an Environmental Cleanup.
<br />NON-iJNIFORM COVENANT5. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender 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 ahall specify: (a) the default; @) tl►e action required to cure the default; (c) a date, not
<br />le.ss than 30 days from tLe date the notice is given to Borrower, by which the defauit must be eured; and (d) that failnre to
<br />cure the default an or before the date specified in the notice may resnit in acceleration of the sums secured by tLis Security
<br />Ir►strument and sale of the Property. The nottce shall further inform Borrower oi the right to reinstate after acceleration
<br />and the right to bring a conrt 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 />gayment in full of ali 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 eollect all eapenses incurred in pursuing
<br />the remedies provided in this Sectlon 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 prescribai by Applicable Law. After the time reqnired by Appiicable Law, Trustee shall give publfc notice of sate to
<br />the persons and in the manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property
<br />at pnblic 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 pnrchase the Property at
<br />any sale.
<br />NEBRASKA - Single Family - Fannte MaelFreddte Mac UNIFORM INSTRUMENT � �
<br />� �p���� Page 11 oft4 u�tals: _� B Form 3028 7101
<br />DDS-NE9
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