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202602260 <br />22. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section <br />15) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take <br />corrective action, neither Borrower nor Lender may commence, loin, or be joined to any judicial action (either as an <br />individual litigant or a member of a class) that (a) arises from the other party's actions pursuant to this Security <br />Instrument or the Note. or (b) alleges that the other party has breached any provision of this Security Instrument or <br />the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time <br />period will be deemed to he reasonable for purposes of this Section 22. The notice of Default given to Borrower <br />pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 18 will be deemed to <br />satisfy the notice and opportunity to take 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 where the <br />Property is located that relate to health, safety. or environmental protection; (ii) "Hazardous Substances" include (A) <br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, corrosive materials or agents, and <br />radioactive materials; (iii) "Environmental Cleanup" includes any response action, remedial action, or removal action, <br />as defined in Environmental Law; and (iv) an "Environmental Condition" means a condition that can cause, contribute <br />to, or otherwise trigger an Environmental Cleanup. <br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the presence, use. <br />disposal, storage. or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in <br />the Property. Borrower will not do, nor allow anyone else to do. anything affecting the Property that: ( i ) violates <br />Environmental Law. (ii) creates an Environmental Condition; or (iii) due to the presence, use. or release of a <br />Hazardous Substance. creates a condition that adversely affects or could adversely affect the value of the Property. <br />The preceding two sentences will not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance <br />of the Property (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 investigation, <br />claim. demand, 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 knowledge; (ii) any <br />Environmental Condition, including but not limited to. any spilling, leaking, discharge, release, or threat of release <br />of any Hazardous Substance; and (iii) any condition caused by the presence. use, or release of a Hazardous Substance <br />that adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory <br />authority 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 Environmental <br />Law. Nothing in this Security 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 debt for this <br />Loan is electronic, Borrower acknowledges and represents to lender that Borrower: (a) expressly consented and <br />intended to sign the electronic Note using an Electronic Signature adopted by Borrower ("Borrower's Electronic <br />Signature" ) instead of signing a paper Note with Borrower's written pen and ink signature; (b) did not withdraw <br />Borrower's express consent to sign the electronic Note using Borrower's Electronic Signature; (e) understood that by <br />signing the electronic Note using Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by <br />the electronic Note in accordance with its terms; and (d) signed the electronic Note with Borrower's Electronic <br />Signature with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by the <br />electronic Note in accordance with its terms. <br />25. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses Lender <br />(or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. <br />Borrower acknowledges and agrees that the Borrower is not a third party beneficiary to the contract of insurance <br />NEBRASKA FHA DEED OF TRUST - MERS <br />NEDOTZ2N.FHA 09/09/25 <br />Page 15 of 18 <br />020358253994600000000233976 2d84-81f0-4b35-825e-c9d31d29340f1518 <br />✓DocMagic <br />