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201108846
<br /> Neither Borrower nor 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 /> 5ecurity Instrument or that alleges that the ather party has breached any provision of,or any duty owed
<br /> by reason of,this Security Instnunent,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 conective acfion.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 reasonable for purposes of this paragraph.The notice of acceleration and ;
<br /> opporiunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br /> Bonower pursuant to Section 18 shall be deemed to satisfy the notice and opporiunity to take corrective
<br /> action provisions of this Section 20.
<br /> 21, Haza1'dous Substances. As used in this Section 2l: (a)"Hazardous Substances" are those
<br /> substances defined as toxic ar 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 formaldehyde,and radioactive materials;
<br /> (b)"Environmental Law°means federal laws and laws of the jurisdiction where the Property is located
<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 Environmental Law; and(d)an
<br /> "Environmental Condition" means a conditi�n that ean 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 Properiy.Borrower shall not
<br /> do,nor a11ow anyone else to do,anything affecting the Property(a)that is in violation of any Enviranmental
<br /> Law,(b)which crcates 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 normal residential uses and to
<br /> maintenance of the Property(including,but not limited to,hazardous substances in consumer pxoducts).
<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 IIazardous 5ubstance which adversely affects the value of the Property.If Borrower learns,or is nolified
<br /> by any governmental or regulatory authority,or any private party,that any removal or other remediation
<br /> of any Hazardous 5ubstance 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 accelerarion
<br /> following Borrower's breach of any covenant or agreement in this Security Instrument (but
<br /> HCFG-00359 .
<br /> NEBRASKA-Single Family-Fannie MaelFreddie Mae UNIFORM tNSTRUMENT Form 3028 1101
<br /> VMP� 08/11
<br /> Wolters Kluwer Financial Servicas 2011M11154.0.0.0.A002-J20110824Y Page 14 of 17
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