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202008590
<br />RE-RECORDED 202100/-58
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
<br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental
<br />Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection;
<br />(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
<br />cause, contribute to, or otherwise 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
<br />not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
<br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,
<br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances
<br />in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any governmental or regulatory agency or private party involving the Property and
<br />any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or
<br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or
<br />release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,
<br />or is notified by any governmental or regulatory authority, or any private party, that any removal or
<br />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
<br />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
<br />following Borrower's breach of any covenant or agreement in this Security Instrument (but
<br />not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The
<br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not
<br />less than 30 days from the date the notice is given to Borrower, by which the default must be
<br />cured; and (d) that failure to cure the default on or before the date specified in the notice may
<br />result in acceleration of the sums secured by this Security Instrument and sale of the Property.
<br />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
<br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in
<br />the notice, Lender at its option may require immediate payment in full of all sums secured by
<br />this Security Instrument without further demand and may invoke the power of sale and any
<br />other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses
<br />incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
<br />reasonable attorneys' fees and costs of title evidence.
<br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
<br />Wolters Kluwer Financial Services, Inc.
<br />2020102720.3.0.3249-J20190326 Y
<br />1516596
<br />Form 3028 1/01
<br />02/2019
<br />Page 14 of 16
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