|
notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to
<br />health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
<br />action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a
<br />condition that can cause, contribute to, or otherwise trigger an Environmental CIeanup.
<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, nor
<br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
<br />which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall
<br />not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,
<br />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
<br />other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous 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 condition caused by the 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 authority, or any private party, 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 accordance
<br />with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. 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 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b)
<br />the 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
<br />date specified in the notice may result in acceleration of the sums secured by this Security Instrument and
<br />sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration
<br />and the right to bring a court action to assert the non - existence of a default or any other defense of
<br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Security
<br />Instrument without further demand and may invoke the power of sale and any other remedies permitted
<br />by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
<br />provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
<br />evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which
<br />any part of the Property is located and shall mail copies of such notice in the manner prescribed by
<br />1
<br />NEBRASKA -- Single Family— Faeoie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028
<br />NEBRASKA DEED Or TRUST (SIDOT.m: 1
<br />338.33 (09/16) Page 13 of 15 BANK OF AMERICA, N.A.
<br />IIIIIIBI
<br />'I
<br />1 �
<br />III1
<br />1 11
<br />iII I r oIIIu l ll�l IN�II 11I�IIC IlIIII II
<br />'2783220 9636 1 6464000
<br />20 170841.9
<br />Doc m # aommoes096
<br />I�II�
<br />
|