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20�10�2�� <br />to Bartower pursvant to Section 18 shall be de�med. to satisfy the notice and opportunity to take cortective action <br />provisions of this Section 20. <br />21. Hazardous Snbstances. As used in tbis Section 21: (a) "Hazardous �ibstances" are those snbstances <br />defined. as toxic or hazardous substances, gollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic peizoleum products, toxic pesticides and herbicides, volarite solvents, <br />materials containing asbestos or formaldehyde, and radioacrive materials; (t�) "Emvxronmental Lacv" means federal <br />laws and laws of the jurisdiction where the Property is located that relate to health, safery ar environmental protection; <br />(c) "Environmental Cleanup" inclndes an.y response action, remedial action, or removal action, as def�ed in <br />Environmental Law; and (d) an "F�nvironmental Conc�iition" means a condition that can cause, contribute ta, or <br />otherwise trigger an Enviroiunental CleannP- <br />Bo�wer shall not cause or penmzt the presence, use, disposal, storage, or release of any Hazardous 5ubstances, <br />or threaten to release any Ha7ardous Subst�ces, on or in the Property. Boxxower shall not do, nor allow anyone else <br />to do, anything affectvug the Property (a) that is in violation of any Environmental Law, (b} which creates an <br />Enviro�ental Condition, oz (c) which, due to the presence, use, or release of a Hazardous Substaace, creates a <br />condition that adversely affects the vatue of the Property. The preceding two seutenc�s shall not apply to the <br />presence, nse, or storage on the Property of small quantities of Hazardoas S�bstauces thax are generally r�ognizetl <br />to be appropziate to Aormal residential. uses and to maintenance of the Propeny (includurg, bur not limited to, <br />hazardous substances in cons� �* products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, de�mand, Iawsuit ar other <br />a�ctiom by any govemmental or regulatory agency or private parry i�avolving the Property and any Hazardous S�bstaace <br />or Environmental Law of which Borrower has actual ]�owIedge, (b) aay Environmenial Condition, inclnding but not <br />limited to, any spilling, Ieaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />conditian caused by the presence, use or release of a Hazardous Slabstance which ad.versely affects the value of the <br />Property. If Borrower Iearns, or is notified by any governxnentai ox reg�latory authority, or any private pariy, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take alt necessary remedial actions in accordance with Environmentai Law. Nothing herein shall create any <br />obligatzon on Lender for an Envizo�.ental Cleanup. <br />NON-UNIFORM C�VENANTS. Borrower and Lender furtlzer covenant and agree as follows: <br />22. Acceieratiaq Remedies. Lender sb�all give notice to Borrower prior to acceIeration following <br />Borrower's breach of any covenant or agreement in this Security Insfaument (Fsut not prtorto accelera6on under <br />Section 1$ un�e�s AppIicable Law prov4des otI�erwise). The notice shall specify: (a) the defaul�; (b) the action <br />required to cure the default; (c) a date, aot less than 30 days from the date the no�ice �s given to Borrower, by <br />wlurh the defatilt m� be cured; and (d) that faiIure to cure the det'ault on or before the date speci8� in the <br />noi3ce may result 3n acxelerat�on of the snms secaored by t6is Securiiy Ins�r�nment and sale of the Property. The <br />noi3ce shaII further �aform Borrower oi the rIght to re�instate after acceleration and the right to bring a court <br />action to assert �e non ex�lstence of a defauit or any other defense of Borrower ta acceleration an.d sale. If the <br />default �is mot cured aa or before the date spet;i�ae,d in the notice, Lender at its option may require immedSate <br />payment in fuIl of all sams secnred by this S�urity Instnmzent wIthout further d�nand and may invoke the <br />power of sale and any other rem�ies permitted by Applicable Law. Lender shall be entitied to coIIect all <br />egpense.s incarred in pursuing the remedi� pro�ided in this SeMion ZZ, including, but not limi�ted to, reasonable <br />attorneys` fees aad costs of ti�le evidence. • <br />If tlie power of sale is in�voked, Trustee shall record a notice of defauIt in each connty in which anp part <br />of the Property is loca.ted and shall mail copi� of such motice in the manner presaribed by Applicable Law to <br />Borrower and to the ather persons prescrtbed by Applicable Law. After the tinue required by Applicable Law, <br />Tnrst� shall give public notice of saie to the persons and'an the manner prescribed by Applicable Law. Truste.e, <br />wiithout de�nand om Borrower, sha11 sell tlie Property at pabIic auction to the highe,st biddear at the time and <br />place and under the terms designated in fhe noiice af sale in one or more parceIs and in any order �Yustee <br />determmes. Trustee may postpone sale of sil or any parcel of the Property by public announceme�at at the time <br />and place of any pre�iously saheduled sale. Lender or its design� may purchase the Properiy at anp sale. <br />Upon receipt of payment of the price bid, Trustee sha11 deliver to tlne purchaser Trustee's deed con�eying <br />the Property. The reciials in the'L�vstee's deed shall be prima facie evidence o�'the trufl� of the statenue;nts <br />made therein. Trustee shall appIy the proceeds of the sale in the following order: (a) to aII casts and e�uses <br />of exerdsing the po�ver of sale, and the sale, including the p�yment of the Trustee's fees actaally inc�red aud <br />reasonable attorneys' fees as permitted by AppLicable Law; (b) to ali sums sec�ned by this Secarity Instrvment; <br />and (c) any escess to the person or persons legallp entitled to it. <br />23. Res:onveyance. Upon payment of all sums secured by this S�uzity Instzum�ent, T.ender shall request Trustee <br />to reoonvey the Property and shall snnender this 3ecurity Instrumern and a11 notes evidencing debt secured by this <br />Se�urity Uastrument ta Tzustee. Trust� shall reconvey the Progerty without warranty to the person or persons legally <br />entitled ta it. S�uch person or persons slzall pay any r�ordation costs. Lender may charge such person or persons a <br />fee for reconveying the Propeny, but only if the fee is paid to a third party (su�h as the Trustee} for services rendered <br />and the cba.rguig of the fee is permitted under Applicable La.w. <br />24. Substitute 1'rnstee. Lender, at its option, may from time to time remove Trustee and appoint a successor <br />mutee to any Tnisttee appoint� hereunder by an instmm�ent recozded 'va the couuty in wbich this Security Instrument <br />is re�corded. Without conveyance of the Property, the successoz uvstee shall succeed to all the title, power and duties <br />conferred upon Trustee herein and by Applicable Law. <br />IVEBRASKA—Single Family—Fannie Ma�lFreddia Mac UIVIFORM INSTRUMENT - MERS bac�dBgPc g� <br />Fortn 3028 1l07 Paga 9 of 11 yyww.doonagic.mm <br />Ne3028.�da�l <br />