2.02.404012.
<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,
<br />or wastes by Environmental Law, and (B) the following substances: gasoline, kerosene, other
<br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, corrosive materials or agents, and radioactive materials; (iii)
<br />"Environmental Cleanup" includes any response action, remedial action, or removal action, as defined
<br />in Environmental Law; and (iv) an "Environmental Condition" means a condition that can cause,
<br />contribute to, or otherwise trigger 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
<br />affecting the Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition;
<br />or (iii) due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
<br />affects or could adversely affect the value of the Property. The preceding two sentences will not apply
<br />to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br />(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
<br />investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or
<br />private party involving the Property and any Hazardous Substance or Environmental Law of which
<br />Borrower has actual knowledge; (ii) any Environmental Condition, including but not limited to, any
<br />spilling, leaking, discharge, release, or threat of release of any Hazardous Substance; and (iii) any
<br />condition caused by the presence, use, or release of a Hazardous Substance that adversely affects the
<br />value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority
<br />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
<br />Environmental Law. Nothing in this Security Instrument will create any obligation on Lender for an
<br />Environmental Cleanup.
<br />25. Electronic Note Signed with Borrower's Electronic Signature. If the Note evidencing
<br />the debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower:
<br />(a) expressly consented and intended to sign the electronic Note using an Electronic Signature adopted
<br />by Borrower ( "Borrower's Electronic Signature ") instead of signing a paper Note with Borrower's
<br />written pen and ink signature; (b) did not withdraw Borrower's express consent to sign the electronic
<br />Note using Borrower's Electronic Signature; (c) understood that by signing the electronic Note using
<br />Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by the electronic Note
<br />in accordance with its terms; and (d) signed the electronic Note with Borrower's Electronic Signature
<br />with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by
<br />the 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
<br />under Section 19 unless Applicable Law provides otherwise. The notice will specify, in addition to
<br />XXXX131596
<br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 07/2021
<br />Wolters Kluwer Financial Services, Inc. 02/2024
<br />2024081524.1.0.5558-N20240219Y Page 18 of 21
<br />
|