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201107829 <br />Neither Bonower nox Lender may commence, join, or be joined to any judicial a.ction (as either an <br />individual litigant or the member of a class) that arises from the other party's a;ctions pursua.nt to this <br />5ecurity Instrument or that alleges that the other party has breached any provision of, or any duty owed <br />by rea.son of, this Security Insirument, until such Borrower or Lender has notified the other pariy (with <br />such notice given in compliance with the requirements of Section 15) of such alleged breach aud afforded <br />the other parly hereto a reasonable period after the giving of such notice to take corrective a.ction. If <br />Applicable Law provides a time period which must elapse before certain action can be taken, that time <br />period will be deemed to be reasona.ble for purposes of this paragraph. The notice of a.cceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to <br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice a,nd opporlunity 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 <br />substances defined as tolcic or hazardous substances, pollutants, or wastes by Environmental Law and <br />the following substances: gasoline, kerosene, other flatnmable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials contaming asbestos or formaldehyde, a,nd radioactive materials; <br />(b) "Environmenta.l Law" means federallaws and laws of the jurisdiction where the Property is located <br />that relate to health, safety or environmenta,l protection; (c) "Environmental Cleanup" includes any <br />response action, remedial a.ct�on, or removal action, as defined in Environmental Law; and (d) an <br />'Bnvironmental Condition" means a condition tha.t can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Borrower sha.11 not cazzse or permit the presence, use, disposal, stoxage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property: Borrower shall not <br />do, nor allow anyotte else to do, anything affecting the Property (a) that is in violati.on of any Emrironmental <br />Law, (b) which creates aaa Environmental Condition, or (c) which, due to the presence, use, or release of <br />a Hazazdous 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 snnall quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residenfial uses and Yo <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer pzoducts). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any gavernmental or regulatory agency or private party involving the Property and any <br />Hazaardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any <br />Environmental Condition, includin,g but not limited to, any spilling, leaking, dischazge, release or threat <br />of release of any Hazardaus 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 removal or other remediatian <br />of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary <br />remedial actions in accorda,nce with Environmetttal Law. Nothing hereiu shall creaxe any obligation on <br />Lender for an Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender fiuther covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but <br />H CFG-00359 <br />NEBRASKA-Single Family-Fannie Mae(Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />VMP� 03/11 <br />Woltere Kluwer Firrenclal Services 201110124.0.0.0.4002-J20110525Y Page 74 of 17 <br />.� <br />