202400080
<br />LOAN #: 1555500244
<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
<br />an Environmental Cleanup.
<br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the presence,
<br />use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous
<br />Substances, on or in the Property. Borrower will not do, nor allow anyone else to do, anything affecting
<br />the Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition; or (iii) due to
<br />the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects or
<br />could adversely affect the value of the Property. The preceding two sentences will not apply to the pres-
<br />ence, 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 inves-
<br />tigation, 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
<br />has 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
<br />the presence, use, or release of a Hazardous Substance that adversely affects the value of the Property.
<br />If 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 debt
<br />for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly
<br />consented and intended to sign the electronic Note using an Electronic Signature adopted by Borrower
<br />("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen and ink
<br />signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using Borrower's
<br />Electronic Signature; (c) understood that by signing the electronic Note using Borrower's Electronic
<br />Signature, Borrower promised to pay the debt evidenced by the electronic Note in accordance with
<br />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
<br />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
<br />under Section 19 unless Applicable Law provides otherwise. The notice will specify, in addition to any
<br />other information required by Applicable Law: (i) the Default; (ii) the action required to cure the Default;
<br />(iii) a date, not less than 30 days (or as otherwise specified by Applicable Law) from the date the notice
<br />is given to Borrower, by which the Default must be cured; (iv) that failure to cure the Default on or before
<br />the date specified in the notice may result in acceleration of the sums secured by this Security Instru-
<br />ment and sale of the Property; (v) Borrower's right to reinstate after acceleration; and (vi) Borrower's right
<br />to bring a court action to deny the existence of a Default or to assert any other defense of Borrower to
<br />acceleration and sale.
<br />(b) Acceleration; Power of Sale; Expenses. If the Default is not cured on or before the date speci-
<br />fied in the notice, Lender 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 will be entitled to collect all expenses incurred in pursuing the remedies pro-
<br />vided in this Section 26, including, but not limited to: (i) reasonable attorneys' fees and costs; (ii) property
<br />inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property
<br />and/or rights under this Security Instrument.
<br />(c) Notice of Sale; Sale of Property. If the power of sale is invoked, Trustee will record a notice of
<br />Default in each county in which any part of the Property is located and will mail copies of such notice,
<br />in the manner prescribed by Applicable Law, to Borrower and to the other required recipients. After the
<br />time required by Applicable Law, Trustee will give public notice of sale to the persons and in the man-
<br />ner prescribed by Applicable Law. Trustee, without further demand on Borrower, will sell the Property at
<br />public auction to the highest bidder at the time and place and under the terms designated in the notice
<br />of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or
<br />any parcel of the Property by public announcement at the time and place of any previously scheduled
<br />sale. Lender or its designee may purchase the Property at any sale.
<br />NEBRASKA — Single Family — Fannie Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 07/2021
<br />ICE Mortgage Technology, Inc. Page 13 of 14 NE21 EDEED 0222
<br />NEEDEED (CLS)
<br />01/03/2024 10:03 AM PST
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