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201107982
<br /> Neither Borrower nar Lender may commence,join, or be joined to any judicial action(as either an
<br /> individual litigant or the member of a class)that arises from the other party's actions pursuant to this
<br /> Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
<br /> by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with
<br /> such notice given in compliance 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 acdon can be taken,that time
<br /> period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
<br /> opporlunity 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 and opportunity 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 toxic or hazardous substances,pollutants, or wastes by Environmental Law and
<br /> the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides
<br /> and herbicides,volatile solvents,materials containing asbestos or fortnaldehyde,and radioactive materials;
<br /> (b) 'Bnvironmental Law" means federal laws and laws of the jurisdiction where the Property is located
<br /> that relate to health,safety or environxnental protection; (c) "Environtnental Cleanup" includes any
<br /> response action,remedial action,or removal action, as defined in Environmental Law; and(d) an
<br /> "Environmental Condition"means a condition that can cause, contribute to, or otherwise trigger an
<br /> Environmental Cleanup.
<br /> Borrower shall not cause or permit the presence,use,disposal, storage, 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 a11ow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental
<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 Properly of small quantities of
<br /> 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
<br /> other action 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 knowledge, (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,ar any private party,that any removal or other remediation
<br /> of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary
<br /> remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on
<br /> Lender for an Environmental Cleanup.
<br /> Non-Uniform Covenants. Borrower and Lender further 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 /> HCFG•00359
<br /> NEBRASKA•Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1l01
<br /> VMP� 03/11
<br /> Wolters Kluwer Financial Services 201110174.0.0.0.4002-J20110525Y Page 14 of 17
<br /> 'i6 906 11217'
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