|
201209340
<br /> 21. Hazardous SubstanCes. As used in lhis Seclion 2L (a) "Huzardous Substances" are those subslances
<br /> defined as toxic or hazardous substances, pollutanls, or wastes by Environmental Law and lhe following
<br /> substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesGcides and herbicides,
<br /> volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br /> 'Bnviron�nenta/ Law" means federal laws and laws of the jurisdiction where lhe Property is located lhal
<br /> relate to health, safety or emironmental proleclion; (c) "Envirwunenta/ Cleanup" includes any response
<br /> action, remedial aclion, or removal aclion, as defined in Environmental Law; and (d) an "Enviromnental
<br /> Condition" means a condition [hal can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br /> Borrower shall not cause or permi[ the presence, use, disposal, storage, or release of any Hazardous
<br /> Sabstances, or threaten ro release any Haaardous Substances, on or in the Property. Borrower shall nol do,
<br /> nor allow anyone else ro do, anything affecting lhe Property (a) lhat is in violation of any Environmental
<br /> Law, (b) which creates an Envlronmental Condition, or (c) whicli, due [o ihe preseace, use, or release of a
<br /> Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
<br /> sentences shall not apply to the presence, use, or srorage on the Property of small quantities of Hazardous
<br /> Substances that are generally rewgniaed to be appropriate to normal residential uses and to mainlenance of
<br /> lhe Property (including, but not limi[ed to, hazardous substances in consumer producls).
<br /> Borrower shall promptly give Lender writlen notice of(a) any investigation, claim, demand, lawsuit or olher
<br /> action 6y any governmental or regulatory agency or privale party involving the Pmperty and any Hazardous
<br /> Subslance or Environmental Law of which Borrower has aclual knowledge, (b) any Environmental
<br /> Condition, including but nol limited to, any spilling, leaking, discharge, release or threat of release of any
<br /> Hazardous Substance, and (c) any condilion caused by lhe presence, use or release of a Hazardous Substance
<br /> which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br /> regulatory authorily, or any private parly, 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 crea[e any o6ligation on Lender for an
<br /> Environmental Cleanup.
<br /> Non-Uniform Covenants. Borrower and Lender covenant and agree as follows:
<br /> 22. Acceleration; Remedies. Lenda 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 Sedion 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
<br /> the default; (b) the action required to cure the defauk; (c) a date, not less than 30 days from the date
<br /> the notice is given to Barrower, by which the default must be cured; and (d) that failure to cure the
<br /> defauk on or before the date specified in the notice may result in acceleration of the sums secured by
<br /> this Security Instrument and sale of the Property. The narice shall further inform Borrower of the
<br /> right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
<br /> default or any other defense of Borrower to acceleration and sale. If the default is not cured on ar
<br /> before the date spec�ed in the notice, Lender at its option may require immediate payment i¢ full of
<br /> all sums secured by this Security Instrument 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 expenses
<br /> incurred in pwsuing the remedies provided in this Section 22, including, but not limited to, reasonable
<br /> attorneys' fees and costs of title evidence.
<br /> 00112323315'I Citi�ank 3.263.13 V3
<br /> NEBRASKA�Single Family-Fannie Mae/FreDUie Mac UNIFORM INSTRUMEN f WITH MERS Form 3028 1/Ol
<br /> VMP� VMP6F(NE]('1105).00
<br /> Wolters Kluwer Financial Services Page 14 of 1]
<br />
|