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201602649
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<br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
<br />materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
<br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as
<br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute
<br />to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to
<br />do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an
<br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a
<br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
<br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
<br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
<br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that
<br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br />any obligation on Lender for an Environmental Cleanup.
<br />21. Funding Fee. A fee equal to one -half of 1 percent of the balance of the loan as of the date of transfer
<br />of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the
<br />Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an
<br />additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and at the
<br />option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and
<br />payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 USC 3729(c).
<br />22. Processing Charge. Upon application for approval to allow assumption of this loan, a processing fee
<br />may be charged by the loan holder of its authorized agent for determining the creditworthiness of the assumer and
<br />subsequently revising the holder's ownership records when an approved transfer is completed. The amount of the
<br />charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section
<br />3714 of Chapter 37, Title 38, United States Code applies.
<br />23. Indemnity Liability Assumption. If this obligation is assumed, then the assumer hereby agrees to
<br />assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The
<br />assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising
<br />from the guaranty or insurance of the indebtedness created by the instrument.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />24. 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 acceleration
<br />under Section 17 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the
<br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
<br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
<br />the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
<br />right to bring a court action to assert the non - existence of a default or any other defense of Borrower to
<br />acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its
<br />option may require immediate payment in full of all sums secured by this Security Instrument without
<br />NEBRASKA - Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3028 1 /01
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