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<br />Section 22. The notice of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration
<br />given to Borrower pursuant to Section 18 will be deemed to satisfy the notice and opportunity to take
<br />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
<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, or wastes by
<br />Environmental Law, and (B) the following substances: gasoline, kerosene, other flammable or toxic
<br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />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 (iv)
<br />an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />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 the
<br />Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the
<br />presence, use, or release of a Hazardous Substance, creates a condition that adversely affects or could
<br />adversely affect the value of the Property. The preceding two sentences will not apply to the presence, use, or
<br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
<br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
<br />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 private
<br />party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has
<br />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 the
<br />presence, use, or release of a Hazardous Substance that adversely affects the value of the Property. If
<br />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 will
<br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing in this Security
<br />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
<br />debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a)
<br />expressly consented and intended to sign the electronic Note using an Electronic Signature adopted by
<br />Borrower ("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen
<br />and ink signature; (b) did not withdraw Borrower's express consent to sign the electronic Note using
<br />Borrower's Electronic Signature; (c) understood that by signing the electronic Note using Borrower's
<br />Electronic 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 in
<br />accordance with its terms.
<br />25. 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 Borrower does not
<br />repay the Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party
<br />beneficiary to the contract of insurance between the Secretary and Lender, nor is Borrower entitled to enforce
<br />any agreement between Lender and the Secretary, unless explicitly authorized to do so by Applicable Law.
<br />NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />FHA Nebraska Deed of Trust 01/2023
<br />[KI 26143.4 Page 15 of 17
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