|
201200826
<br /> 21. Hazardous Substances. As used in this Section 21:(a) "Hazardous Sufistances"are those substances
<br /> defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law a��d the followuig
<br /> substances:gasolme,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,
<br /> volatile solvents,materiais containing asbestos or formaldehyde,and radioactive materials; (b)
<br /> "Envr.ronnzenta!Law"means federal laws and laws of the jurisdiction where the Property is located that
<br /> relate to health,safery or environmental protection;(c) "Environr�aental Cleanup"includes any response
<br /> action,remedial action,or removal action,as defined in Environmental Law;and(d)an"Environmental
<br /> Coradition"means a condition that can cause,contribute to,or otherwise trig�er an 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 Hazarduus Substances,on or in the Property.Borrower shall not do,
<br /> nor allow anyone else to dq anything affecting the Properry(a)that is in viotation of any Environmental
<br /> Law, (b)whicl�ereates an Environmental Condition,or(c)which, due to the presence,use,or release of a
<br /> Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two
<br /> sentences shall not apply to the presence,use,oe storage on the Property of small quantities of Hazardous
<br /> Substances that are generally recognized to be appropriate to normal residential uses and to maintenance oC
<br /> the Property(including,but not limited to,hazardous substanccs in consumer products).
<br /> Borrower shall promptly give Lender writYen notice of(a)any investigation,claim,demand,lawsuit or other
<br /> action by any governmental or regulatory agency or private pazty invoh�ing the Property and any Hazardous
<br /> Substance or Environmental Law of which Bonower has actual lrnowledge,(b)any Environmental
<br /> Condition,including but not limited to,any spilling,leaking,dischazge,release or tl�reat of release of any
<br /> Hazardous Substance, and(c)any condition caused by the presence,use or release of a Hazardous Substance
<br /> which adversely affects the value of the Prope.�rty. If Borrower learns,or is notified by any governmental or
<br /> regulatory autharity,or any private parry,that any removal or other remediation of any Hazardous Substance
<br /> affecting che ProperCy is necessary,Borrower shall promptly take atl necessary reinedial actions in
<br /> accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an
<br /> Environmental Cleanup.
<br /> Non-Uniform Covenants.Borrower and Lender covenant and agree as follows:
<br /> 22. Acceleration; Remedies. Lender shall give nofice to Borrower prior to acceleration following
<br /> Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to
<br /> accelerarion 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 given to Borrower,by which the default must be cured;and(d)that failure to cure the
<br /> default on ar before the date specified in the norice may result in acceleration of the sums secured by
<br /> this Security Instrument and sale of the Praperty.The notice shall further inform Borrower of the
<br /> right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
<br /> default or anv other defense of Borrower to acceleration and 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 /> a11 sums secured by this Security 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 tide evidence.
<br /> 8B0'114274� 880�142747
<br /> NEBRASHA-Singie family-Fannie h9ae,'Fredtlie M11ac UNIFORM INSTRUMENT WITH MERS Form 3�28 ti01
<br /> VMP� VMPBA[N�(1105)
<br /> W olters Kluw er F�inanclal Serv Ices Pege�4 of 17
<br />
|