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20240506
<br />23. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with
<br />Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of
<br />such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined
<br />to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the
<br />other party's actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party
<br />has breached any provision of this Security Instrument or the Note. If Applicable Law provides a
<br />time period that must elapse before certain action can be taken, that time period will be deemed to
<br />be reasonable for purposes of this Section 23. The notice of Default given to Borrower pursuant to
<br />Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed
<br />to satisfy the notice and 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
<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 />HCFG-01221
<br />NEBRASKA-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />2024101017.1.2.4575-J20180529Y
<br />1�
<br />,AI.
<br />430283024211
<br />Form 3028 07/2021
<br />12/22
<br />Page 19 of 22
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