20�206300
<br />21. Hazarydous Substances. As used 'm 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 praducts, toxic pesticides and herbicides,
<br />vola.tile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Erivironniental Law" means federallaws and laws of the jurisdiction where the Property is located that
<br />relate to health, safety or environmental protection; (c) "Emironmental Clerncup" includes any response
<br />action, remedial action, or removal action, as defmad in Environmental Law; and (cn an „ Em►ironmental
<br />Cvndition" m+eans a condition that c�n cause, contnbute to, ar othervvise trigger an Environmental Cleanup.
<br />Borrower sl�all not cause or permit tha presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Ha�rdous Swbstances, on or in the Property. Borrower 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) which creates an Environmental Condition, or (c) wlrich, due to the presence, use, ar release of a
<br />Hazazdous Subatance, creates a condition that adversely affe�ts the value of the Property. The preceding two
<br />sent� sha11 not apply to the presenca, usa, or storage on the Property of s�nall quantities of Ha�rdous
<br />Substances that are generally racognizad 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 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 Hazardous
<br />Substance or Environn�ntal Law of which Borrower has actual knowledge, (b) any Environmental
<br />Condition, including but not limited to, any spilling, leaking, discharge, rel�se or threat of release of any
<br />Hazardous Substance, and (c) any condition caused by the presence, use or relea.se of a Hazardous Substance
<br />which adversely affects the value of the Properiy. If Borrower leazns, or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any Ha�ardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in
<br />accordance with Environ�ntal Law. Nothing herein shall create any obligation on Lender for an
<br />Environa�ental Cleanup.
<br />Non-Unifam CovenBnts. Bonower and Lender covenant and agr� as follows:
<br />22. Acceleratton; Remedl�. Lender sLall give notice to Borrower prior to acceleral3on following
<br />Borrower's breach of any covenant or agre,ement in this Secarlty Instrament (bnt not prior to
<br />acceleration nnder S�tlon 18 nnleas Appllcable Law provldes otherwise). The notice shall specify: (a)
<br />the default; (b) the action r�nir� to care the defanit; (c) a date, not less than 30 days from the date
<br />the nodce is given to Borrower, by which the defanit mnst be cured; and (d) that failure to care the
<br />defanit on or before the date specifled in the notice may resalt in acceleration of the snms secured by
<br />this Secnrtty Instrament and sale of the Property. The notice shall fnrther inform Borrower of the
<br />right to reinstate after acceleradon and the rlght to bring a conrt action to assert the non-ezistence of a
<br />defanit or any other defense of Borrower to acceleratlon and sale. If the default is not cnred on or
<br />before the date specifiexl in the notice, Lender at its optlon may require immediate payment in fnll of
<br />all sums secnr� by this Secnrlly Instrument wlthont fnrther demand and may invoke the power of sale
<br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all egpens�
<br />incurred in pursaing the remedies provide�tl in this S�don 22, inclnding, but not limited to, reasonable
<br />attorneys' fees and cos� of title evidence.
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