|
�0120�30v
<br />21. Hezardous SubstBnces. As used in this Section 21: (a) "Ha�rdous Substance.s" are those substances
<br />defined as toxlc or hazardous substances, pollutants, or wastes by Emironmental Law and the following
<br />substances: gasoline, kerasene, other flammable or toxic petroleum products, toxic pesHcides and herbiddes,
<br />volatile solvents, materials containing asbestos or formaldehyde, and radioacflve materiaLs; (b)
<br />"Environmental Iaw" means federal laws and laws of the jurisdiction where the Property is located that
<br />relate to health, safety or environmental protecHon; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, as def3ned in Environmental Law; and (d) an 'Bnvironnzental
<br />Condition" means a condition that can cause, contrlbute to, or otherw7se trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, 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 Conditton, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condiHon that adversely affects the value of the Property. The precediug two
<br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br />Substauces tiiat 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 coasumer products).
<br />Bosower shall promptly give Lender written noflce of (a) any 9nvestigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or prlvate party irrvolving the Property and any Hazardous
<br />Substance or Environmental Law of which Borrower 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 condiflon caused by the presence, use or release of a Hazardous Substance
<br />which adversely at�ects the value of the Property. If Borrower learns, or is notified by azry governmental or
<br />regulatory auWority, or any pdvate party, that any removal or ot}�er remediation of any Hazardous Substance
<br />affecting the Pcnperty is necessary, Borrower shall promptly take all necessary remedial �ctions in
<br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br />Environmental Cleanup.
<br />Non-UnlfoRn Covenents. Borrower and Lender covenant and agree as follows:
<br />22. Acceleratlon; Rsmedies. Lender shall give notica to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreament in this Security Instrument (bnt not prior to
<br />acxelaration undar Section 18 unlasa Applicsble Law provides othervvIsa). The notice ahall specif�►: (e)
<br />the default; (b) the action requited to cure the dafault; (c) a date, not lesa than 30 days from the dats
<br />the notice is given to Borrower. by which the default mnst ba cured; and (d) that fa�ura to cure the
<br />default on or bafa�e the date speci5ed in the notica may result in accelaration of the anms secured by
<br />this 3ecurity Instrument and sale of the Property. The notice shall fiuther inform Borrower of the
<br />right to reinatats after accaleration and the right to brffig a conrt action to aseart the non-existence of a
<br />default or aay other dafensa of Borrower to acceleration and eale. If the default is not cured on or
<br />before the date specified in the notics, Lender at its option may reqnire immediate payment in full of
<br />all sums secnred by thia Security Instrument without further demand and may invoke tha power of eale
<br />and any other remedios patmitte�d by Applicable Law. Lender shall be entitled to collect all espenses
<br />incnrred 'm pursuing the remedies provided in thia Section 22, including, bnt not limited to, reasonabla
<br />attorneys' feas and costs of title evidence.
<br />001122994783 Citlbank 3.2.59.07 V3
<br />NEBRASKA-Shtgle Famtly-Farmle Mae/Freddle Mae UNIFORM INSTRUMENT WITH MERS Farm 3028 1l01
<br />VMP � VMPBAM� (1105).00
<br />Woiters Kluwer Flnanclal Servic�es Page 14 oF 17
<br />
|