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20120538� <br />21. Hazardous SubstanCes. As used in this Section 21: (a) "Hazardous 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 pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Efzvironmental Law" means federallaws and laws of the jurisdicrion where the Property is located that <br />relate to health, safety or environmental protection; (c) "Ertvironmentad Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Em�dronmental <br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. <br />Borrower sha11 not cause or pernut the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or threaten to release any Ha�ardous Substances, on or in the Property. Borrower sha11 not do, <br />nor allow 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 rele�ase of a <br />Hazazdous Substance, creates a condition that adversely affects the value of the Property. The prec�iing two <br />sentences shall not apply to the presence, use, or 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 of <br />the Property (including, but not limited to, hazardous 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 Ha�ardous <br />Substance or Environmental La.w of which Borrower has actual lrnowledge, (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 condirion caused by the presence, use or rele,ase of a Ha7ardous Substance <br />which adversely affc�ts the value of the Property. If Borrower learns, or is notified by any governmental or <br />regulatory authority, or any private pazty, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Uniform Covenants. Bonower and Lender covenant and agree as follows: <br />22. Acceleration; 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). The 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 failure to cure the <br />default on or before the date specified in the notice may result in acceleration of the sums secared 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 court action to assert the non-ezistence of a <br />default or any other defense of Borrower to accelerallon 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 />all sums secnred by this Security Instrnment 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 ezpenses <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 />8801228152 <br />NEBRASKA-Single Femiiy-Fennie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS <br />VMP � <br />Waltera Kluwer Fnancial Services <br />8801229152 <br />Form 3028 7107 <br />VMPBA(NE) (1105) <br />Pege 14 of 17 <br />� • • <br />V <br />