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<br />200709769 <br /> <br />21. ILv:ardOllS Substances. As used in this Seetion 21: (a) "llnzardous Substances" an: <br />those substances det'ined as toxic or hazardous substances, pollutants, or wastes by Environmental <br />Law and the following substances: gasoline, kerosene, other l1anllnable or toxic petroleum products, <br />toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />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; <br />(c) "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 ofthe 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 110t 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 />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as <br />follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but <br />not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The <br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not <br />less than 30 days from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration ofthe sums secured by this Security Instrument and sale ofthe Property. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the <br />right to bring a court action to assert the non-existence of a default or any other defense of <br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in <br />the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br /> <br />NEBRASKA--Singlc Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br /> <br />F.,m ~" Jpj,pa",) <br /> <br /> <br />Initial Here <br />