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� �.�. �,���� 2 � <br />21. Hazardous Substances. As used in this Se�tion 21: (a) "Hazardous Substances" are those substances <br />defined as toxic or hazardous substances, pollutants, or wastas by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Emironmental Law" means federal laws and laws of the jurisdiction where the Properiy is located that <br />relate to health, safety or environmental proteCtion; (c) "E�avironn:eratal Cleanup" includes any responsa <br />action, remedial acrion, or removal ac�tion, as define� in Enviro�ental Law; and (� an "Em�ironme�tal <br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or peimit 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 sha11 not do, <br />nor allow anyone else to do, anything affecting the Properiy (a) that is in violation of any Environnaental <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substanca, creates a condition that adv�sely affe�ts the value of the Properiy. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Properiy of sma11 quantities of Ha�rdous <br />Substances that are generally re�ognizeri to be a�propriate to normal residential uses and to maintenance of <br />the Property (including, but not limite� to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private pariy involving the Property and any Hazardous <br />Substance or Environmental Law of which Bonower has actuall�owledge, (b) any Environmental <br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any <br />Hazardous Substanca, and (c) any condition caused by the presence, use or release of a Ha�rdous Substance <br />which adversely affects the value of the Properiy. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private pariy, that any removal or other remediation of any Hazardous S�bstance <br />affecting the Properiy is necessazy, Borrower shall promptly take all necessazy remedial actions in <br />accordaace with Environmental Law. Nothing herein shall create any obligation on Lendar for an <br />Environmental Cleanup. <br />Non-Unlform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acc�leration; Remedles. Lender shall glve noHce to Borrower prlor to acceleration following <br />Borrower's breach of any covenant or agreement fn this Security Instrament (but not prior to <br />acceleraHon nnder Secdon 18 nnleas Applicable Law provldes otherwise). The notice shall spec�ify: (a) <br />the defaalt; (b) the action r�nired to care the defanit; (c) a date, not less than 30 days from the date <br />the notice ia given to Borrower, by which the defanit mnst be cnred; and (d) that failnre to cure the <br />defanit on or before the date spedfled in the noHce may result in acceleratlon of the sums secared by <br />this Secnrit.yy Instrament and sale of the Property. The nodce ahall farther inform Borrower of the <br />right to reinstate after acceleration and the right to bring a conrt action to assert the non-exdstence of a <br />defanit or any other defense of Borrower to acceleration and sale. If the default is not cared oa or <br />before the date specitied in the notice, Lender at its option may require imm�iate payment in fall of <br />all snms secnred by this Se,cnrlty Instrament wlthout farther demand and may invoke the power of sale <br />and any other remedies permitted by Applicable Law. Lender shall be enl3tled to collect all expensea <br />incurred in parsaing the remedles provid� in this Secdon 22, inclading, but not l�mited to, reasonable <br />attorneys' fees and costs of tltle evidence. <br />2200244242 D VBANE <br />NEBRASKASbi¢le FamOy-Fannle Mae/Freddie Meo UNIFORM INSTRUMENT WITH MERS Form 3038 1/07 <br />VMP (� VMPBA(NE) (1106) <br />Wot[�a Kluwer Finandal Servtees Pepa 14 of 17 <br />