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201205253 <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazcmdous Substances" aze those substances <br />defined as toxic or hazazdous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxic petroleum produc�s, totcic pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Eravironmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or environmental protection; (c) "Erivironmental Cleanup" includes any response <br />action, remedial action, or rennoval action, as defined in Environmental Law; and (d) an "EYCVironmental <br />Conditfon" means a condition that can causa, contribute to, or otherwise trigger an Environmental Cleanup. <br />Bonower shall not cause or permit the presenc�, use, disposal, storage, or release of any Hazazdous <br />Substances, or threaten to release any Harardous Substances, on or in the Property. Bonower shall not do, <br />nor a11ow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance, creates a condition that adversely affects ttie value of the Properiy, The preceding two <br />sentences sha11 not apply to the presence, use, or storage on the Properiy of small quantities of Hazardous <br />Substances that aze generally recognized to be appropriate to normal residential uses and to ma.intenance of <br />the Property (including, but not limited to, har�.rdous 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 party involving the Property and any Har,aa�dous <br />Substance or Environmental Law of wluch Bonower 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 />Ha�ardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely affects the value of the Property. If Bonower learns, or is notified by any governmental or <br />regulatory authority, or any private party, that any removal or other remediation of any Harardous Substance <br />affecting the Property is necessary, Borrower shall promptly take atl necessary remedial actions in <br />accordance with Environmental Law. Nothing herein sha11 create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acceleretion; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). Thc notice shall specify: (a) <br />the default; (b) the action required to cnre 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 cared; and (d) that failnre to cnre the <br />default on or before the date sper�er� in the notice may resnit in acceleration of the snms secnred by <br />this Security Instrument and sale of the Property. The notice shall further inform Borrower of the <br />right to reinstate after acceleration and the right to bring a conrt action to assert the non-ezistence of a <br />default or any 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 reqnire immediate payment in full of <br />all sums secured by this Security Instrument withoat furEher demand and may invoke the power nf s�le <br />and any ot8er remedies permitt� by Applicable Law. Lender shall be entitled to collert all ezpenses <br />incurred in pursning the remedies provid� in this Section 22, including, but not limited to, reasonable <br />attorneys' f� and costs of title evidence. <br />2200277846 <br />NEBRASKA-Single Femlly-Fannie MaelFredtl(e Mac UNIFORM INSTRUMENT WITH MERS <br />VMP Q <br />Wotters Kluwer Ftnertdet Servtces <br />D VBANE <br />Form 3038 1/07 <br />VMPBAINE) (1106) <br />Pege 14 W 17 <br />