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202402370 <br />remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed <br />by the Note purchaser unless otherwise provided by the Note purchaser. <br />20. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance <br />reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if <br />Borrower does not repay the Loan as agreed. Borrower acknowledges and agrees that the Borrower <br />is not a third party beneficiary to the contract of insurance between the Secretary and Lender, nor is <br />Borrower entitled to enforce any agreement between Lender and the Secretary, unless explicitly <br />authorized to do so by Applicable Law. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law <br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, <br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, <br />and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction <br />where the Property is located that relate to health, safety or environmental protection; (c) <br />"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 <br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. <br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in <br />violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, <br />due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, <br />or storage on the Property of small quantities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not <br />limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, <br />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 <br />knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, <br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by <br />the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any <br />private party, that any removal or other remediation of any Hazardous Substance affecting the <br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance <br />with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />NEBRASKA - Single Family - FHA <br />FORM 3028 9/14 Initials' <br />Laser Forms Inc. #FHA3028MERS 8/15 <br />ins <br />- MERS <br />Page 12 of 14 <br />1111 I' -RIM <br />X11 <br />i <br />