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200500482
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
<br />those substances defined as toxic or hazardous substances, pollutants, or wastes by
<br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
<br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
<br />asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or
<br />environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
<br />action, or removal action, as defined in Envirommental Law; and (d) an "Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
<br />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 anv Environmental Law, (b) which creates an Environmental Condition, or (c)
<br />which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
<br />adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />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
<br />Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim,
<br />demand, lawsuit or other action by any governmental or regulatory agency or private party
<br />involving the Property and any Hazardous Substance or Environmental Law of which Borrower
<br />has actual knowledge, (b) any Environmental Condition, including but not Iimited to, any
<br />spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely
<br />affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br />any obligation on Lender for an 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
<br />acceleration following Borrower's breach of any covenant or agreement in this Security
<br />Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides
<br />otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
<br />default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that failure to cure the default on or before the
<br />date specified in the notice may result in acceleration of the sums secured by this Security
<br />Instrument and sale of the Property. The notice shall further inform Borrower of the right
<br />to reinstate after acceleration and the right to bring a court action to assert the
<br />non - existence of a default or any other defense of Borrower to acceleration and sale. If the
<br />default is not cured on or before the date specified in the notice, Lender at its option may
<br />require immediate payment in full of all sums secured by this Security Instrument without
<br />further demand and may invoke the power of sale and any other remedies permitted by
<br />Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
<br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys'
<br />fees and costs of title evidence.
<br />NEBRASKA —tingle Family -- Fannie Mac/Freddie Mac UNIFORM INSTRUMENT (MERS) Form 3028 1/01 (page 14ojl6pages)
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