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<br />pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 18 will be deemed to
<br />satisfy the notice and opportunity to take corrective action provisions of this Section 22.
<br />23. Hazardous Substances.
<br />(a) Definitions. As used in this Section 23: (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
<br />of 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
<br />of any Hazardous Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Substance
<br />that 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 />24. 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 />25. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses Lender
<br />(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed.
<br />Borrower acknowledges and agrees that the Borrower is not a third party beneficiary to the contract of insurance
<br />between the Secretary and Lender, nor is Borrower entitled to enforce any agreement between Lender and the
<br />Secretary, unless explicitly authorized to do so by Applicable Law.
<br />NEBRASKA FHA DEED OF TRUST - MERS ✓DocMagic
<br />NEDOTZ2N.FHA 01/24/23
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