202208315
<br />notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 23.
<br />24. Hazardous Substances.
<br />(a) Definitions. As used in this Section 24: (i) "Environmental Law" means any Applicable Laws
<br />where the Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous
<br />Substances" include (A) those substances defined as toxic or hazardous substances, pollutants, or
<br />wastes by Environmental Law, and (B) the following substances: gasoline, kerosene, other flammable or
<br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos
<br />or formaldehyde, corrosive materials or agents, and radioactive materials; (iii) "Environmental Cleanup"
<br />includes any response action, remedial action, or removal action, as defined in Environmental Law; and
<br />(iv) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the
<br />presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any
<br />Hazardous Substances, on or in the Property. Borrower will not do, nor allow anyone else to do, anything
<br />affecting the Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition; or (iii)
<br />due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects
<br />or could adversely affect the value of the Property. The preceding two sentences will not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
<br />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 />(c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any
<br />investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private
<br />party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has
<br />actual knowledge; (ii) any Environmental Condition, including but not limited to, any spilling, leaking,
<br />discharge, release, or threat of release of any Hazardous Substance; and (iii) any condition caused by the
<br />presence, use, or release of a Hazardous Substance that adversely affects the value of the Property. If
<br />Borrower learns, or is notified by any governmental or regulatory authority or any private party, that any
<br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower
<br />will promptly take all necessary remedial actions in accordance with Environmental Law. Nothing in this
<br />Security Instrument will create any obligation on Lender for an Environmental Cleanup.
<br />25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing the
<br />debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a)
<br />expressly consented and intended to sign the electronic Note using an Electronic Signature adopted by
<br />Borrower ("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen
<br />and ink signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using
<br />Borrower's Electronic Signature; (c) understood that by signing the electronic Note using Borrower's
<br />Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance
<br />with its terms; and (d) signed the electronic Note with Borrower's Electronic Signature with the intent and
<br />understanding that by doing so, Borrower promised to pay the debt evidenced by the electronic Note in
<br />accordance with its terms.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />26. Acceleration; Remedies.
<br />(a) Notice of Default. Lender will give a notice of Default to Borrower prior to acceleration
<br />following Borrower's Default, except that such notice of Default will not be sent when Lender exercises its
<br />right under Section 19 unless Applicable Law provides otherwise. The notice will specify, in addition to
<br />any other information required by Applicable Law: (i) the Default; (ii) the action required to cure the
<br />111 111 11111 ii II
<br />* 1 3 0 5 8 3*
<br />NEBRASKA --Sing e Fam ly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />Mortgage Cadence Document Center ® 3027 09/21
<br />11 11
<br />11111111111 11
<br />OR T D O T*
<br />Form 3028 07/202
<br />Page 16 of 18
<br />
|