|
��i�US3oi
<br />21. Hazardous Subst�ant�s. As used 'm tUis Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or ha�.ardous substances, pollutants, or wastes by Environmental Law and tha following
<br />substances: gas�line, kerosene, other flammable or toxic petroleum products, toxic pesticide.s and herbicides,
<br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Emdronmental Law" means federallaws and laws of the jurisdiction where the Property is located that
<br />relate to health, safety or environmental protection; (c) "Em�ironmental Clemzup" includes any respunse
<br />action, remedial action, or removal action, as defined 'm Environmental Law; and (c� an "Emironmental
<br />Corulition" means a condition that can c�use, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, ar threaten to release any Hazazdous Substances, on or in the Property. Borrower shall not do,
<br />nor a11ow anyone else to do, anything affecting the ProPerh' (a) that is in violatian of any Environmental
<br />Law, (b) which creates an Enviranmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, cre�es a condition that adversely affects the value of the Properiy. The preceding two
<br />sentences shall not apply to the presence, use, or storaga on the Property of small quantities of Ha�rdous
<br />Substances that are generally recogaized to be appropriate to normal residential uses and to maintenance of
<br />the Property (including, but not limited to, hazardous substancea in consumer products).
<br />Borrower sha11 promptly give Lender written notica of (a) any investigation, claim, dena�and, lawauit or other
<br />action by any governmental ar regulatory agency or private pariy involving the Properiy and any Ha�rdous
<br />Substance or Environmental Law of wluch Boirower 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 Substance, and (c) any condition caused by the presence, use or release of a Ha�rdous Substanca
<br />wluch adversely affects the value of the Properly.. If Boirower learns, or is notified by any governmental or
<br />regulatory suthority, or any private party, that any removal or other remadiation of any Hazardous Substance
<br />affecting the Properiy is necessary, Bonower shall promptly take all necessary rem,edial actions in
<br />acxordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br />Environu�ntal Cleanup.
<br />Non-Uniform Covenants. Borrower and Lender covenant and agr� as follows:
<br />22. Acceleratlon; RemedP�. Lender shall g[ve not3ce to Borrower prlor to accelerat�ton following
<br />Borrower's breach of any covenant or agreement in thfs Security Instrament (bnt not prior to
<br />acceleration nnder Sect�ion 18 nnless Applicable Law provldes otherwise). The notice shall spexify: (a)
<br />the defanit; (b) the action required to cure the defaalt; (c) a date, not less tLan 30 days from the date
<br />the notice is given to Borrower, by which the defanit mnst be cnre�d; and (d) that failure to cnre the
<br />defanit on or before the date specifled in the notice may resolt in accelerat�on of the suma secnred by
<br />thfs Se,cnrlty Instrament and sale of the Property. The noi3ce shall fnrther inform Borrower of the
<br />rlght to reinstate after acceleratlon and the rlght to bring a coart action to assert the non-egistence of a
<br />defanit or sny other defense of Borrower to scceleration and sale. If the default is not cnr� on or
<br />before the date speci8ed in the notice, Lender at ita optlon may require immediate payment fn fnll of
<br />all sums secnred by this Secnrtty Instrament withunt fnrther demand and may invoke the power of sale
<br />and any other rem�li� permitte�i by Appllcable Law. Lender shall be entitl� to collect all egpenses
<br />incurr� in �ureaing the remedies provld� in this Section 22, incinding, but not limited to, reasonable
<br />attorneys' f�s and costs of t3tle evidence.
<br />azoo2soea� D VBANE
<br />NEBRASKASfngte FamBy-F�Ne Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fam 3038 1/01
<br />VMP (q VMPBA�NE) (1106)
<br />Woltars Kluwet Fb�am9al 3ervi�es Pege 14 of 17
<br />/
<br />;
<br />r,
<br />%
<br />
|