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2012039�� <br />21. Hazardous Substances. As us� in this Section 21: (a) "Hazaf-dous Substances" aze those substances <br />defined as toxic or ha�ardous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flaznmable or toxic petroleum products, toxic pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Em�ironmental Law" means federal Iaws and laws of the jurisdiction where the Property is lo� that <br />relate to health, safety or environmental protection; (c) "Em�ironmental Cdeanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Bnvironmental Cleanup. <br />Bonower shall not cause or pemut the presenoe, use, disposal, storage, or release of any Ha7ardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Bonower 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) wkuch creates an Environmental Condition, or (c) wluch, 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, or storage on the Property of small quantities of Ha�ardous <br />Substances that a.re generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Property (including, but not limited to, haz�ardous substances in consumer products). <br />Borrower sha11 promptly 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 Ha7ardous <br />Substauce or Environmental Law of which Borcower 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 5ubstance, and (c} any condirion caused by the presence, use or release of a Harardous Substance <br />wluch adversely affe�ts the value of the Properiy. If Borrower lea�ns, 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 Properiy is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein sha11 cre,ate any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Unfform Covenants. �nower and Lender covenant and agree as follows: <br />22. AcCeleratlon; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in tlus Secnrity Instrament (bnt not prior to <br />acceleration nnder Se�tion 18 nnless Applicable Law provides otherwise). The notice shall specify: (a) <br />the default; (b) the action required to cnre the default; (c) a dat� not l�s than 30 days from the date <br />the notice fs given to Bonower, by whicL the default mnst be cnred; and (d) that failnre to care the <br />default on or before the date specified in the notice may resnit in acceleration of the sums secnr� by <br />tlus Secnrity Instrament and sale of the Property. The no6ce shall fnrther inform Borrower of the <br />right to reinstate after acceleration and the right to bring a conrt action to assert the non-e�stence of a <br />default or any other defense of Borrower to acceleration and sale. If the defaWt is not cured on or <br />before the date spe,ciF� in the notice, LEnder at its option may reqnire imm�iiate payment in fnll of <br />all snms secnrc�l by this S�nrity Instrument withont farther demand and may invoke the power of sale <br />and any other remedies permittecl by Applicable Law. Lender shall be entitled to collect all egpenses <br />incnrr�l in pnrsning the remedi� provided in this Sectfion 22, including, but not limited to, reasonable <br />attorneys' fees and costs of tit[e evidence. <br />8801200T98 8801200799 <br />NEBRASKASIngle FemilyFennie Mae/Freddie M ac UNIFORM INSTRUMENT WITH MER5 Form 3028 1/01 <br />VMP � VMPBA Np (1105) <br />WoRera Kluwer Finanotet Servtc� pege i4 of 17 <br />