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202304923 <br />Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Note. If <br />Applicable Law provides a time period that must elapse before certain action can be taken, that time period will be <br />deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to Section <br />26(a) and the 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 where the <br />Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous Substances" include (A) <br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, corrosive materials or agents, and <br />radioactive materials; (iii) "Environmental Cleanup" includes any response action, remedial action, or removal action, <br />as defined in Environmental Law; and (iv) an "Environmental Condition" means a condition that can cause, contribute <br />to, or otherwise trigger an Environmental Cleanup. <br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the presence, use, <br />disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in <br />the Property. Borrower will not do, nor allow anyone else to do, anything affecting the Property that: (i) violates <br />Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the presence, use, or release of a <br />Hazardous Substance, creates a condition that adversely affects or could adversely affect the value of the Property. <br />The preceding two sentences will not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Property (including, but not limited to, hazardous substances in consumer products). <br />(c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any investigation, <br />claim, demand, lawsuit, or other action by any governmental or regulatory agency or private party involving the <br />Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge; (ii) any <br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release, or threat of release of <br />any Hazardous Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Substance that <br />adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory <br />authority or any private party, that any removal or other remediation of any Hazardous Substance affecting the <br />Property is necessary, Borrower will promptly take all necessary remedial actions in accordance with Environmental <br />Law. Nothing in this 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 debt for this <br />Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly consented and <br />intended to sign the electronic Note using an Electronic Signature adopted by Borrower ("Borrower's Electronic <br />Signature") instead of signing a paper Note with Borrower's written pen and ink signature; (b) did not withdraw <br />Borrower's express consent to sign the electronic Note using Borrower's Electronic Signature; (c) understood that by <br />signing the electronic Note using Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by <br />the electronic Note in accordance with its terms; and (d) signed the electronic Note with Borrower's Electronic <br />Signature with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by the <br />electronic Note in 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 following <br />Borrower's Default, except that such notice of Default will not be sent when Lender exercises its right under Section 19 <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021 <br />Page 16 of 18 <br />IDS, Inc. - 93193 Borrower(s) Initials jimC 19 -kr <br />