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20120014� <br />21. Haze►'dous SubstanCes. As used in this Section 21: (a) "Ha�rdous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesl3cides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmenta/ <br />Condition" means a condiflon that can cause, contribute to, or oWerwise trigger an Environmental Cleanup. <br />Borrower shall not cause or permit We presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Properly. Borrower shall not do, <br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental <br />Law, (b) wlrich creates an Environmental Condition, or (c) wlrich, due to the presence, use, or release of a <br />Hazardous Substance, creates a condiflon that adversely affects We value of We Property. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of small quanHfles of Hazardous <br />Substances that are generally recognized to be appropriate to normal residenrial uses and to maintenance of <br />the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall prompfly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous Substance, and (c) any condiflon caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall prompdy take all necessary remedial acNons in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Enviroamental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. ACCeleration; Remedies. Lender shall give notice to Borrower prior to acxeleration following <br />Borrower's breach of any covenant or agreement in this S�urity Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date <br />the notice is givan to Borrower, by which the default must be cured; and (d) that failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secured by <br />this Security Instrument and sale of the Property. The notice shall fiuther inform Borrower of the <br />right to reinstate after acxeleration and the right to bring a court action to assert the non-existence of a <br />default or any other defense of Borrower to acceleration aad sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in full of <br />all sums secured by this S�urity 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 collect all expenses <br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable <br />attorneys' fees and costs of title evidence. <br />001122771694 Cktbank 3.2.53.12 V7 <br />NEBRASKA-Single Famlly-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT WITH MERS Form 3028 1/01 <br />� � VMP6AIN� I1105).00 <br />Wolters Kluwm Flnencial SerWces Page 14 oP 17 <br />