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201 �0�03� <br />21. Hazardous SubstenCes. As used in this Section 21: (a) "Ha�rdorrs Substances" are those substances <br />deflned as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following <br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, <br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) <br />"Environmental Law" means federal laws and laws of the jurisdiction where the Properly is located that <br />relate to health, safety or environmental protection; (c) "Envrroamental Cleanup" includes any response <br />action, remedial actian, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" means a condition that can 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 Hazardous <br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Bonower shall not do, <br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance, creates a condilion that adversely affects the value of the Property. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall prompdy give Lender written notice of (a) any investigation, claim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental <br />Condition, including but not limited to, any spffling, leaking, discharge, release or threat of release of any <br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance <br />which adversely 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 Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br />Non-Unffom7 Covenants. Borrower and Lender covenant and agree as follows: <br />22. Acceler'�tion; Remedies. Lender shall giva notice to Borrowar prior to acx�leration following <br />Borrowar's breach of any covenaat or agr�ment in this Security Instrumant (bnt not prior to <br />acceleration nnder Section 18 nnless Applicable Law provides otharwise). Tha notice shall specif�►: (a) <br />the dafault; (b) the action required to cura the default; (c) a date, not less than 30 days from tha dats <br />the notice is given to Borrow�, by which the default must ba cnred; and (d) that failura to cnre the <br />defanit on or bafore the data apecified in the notice may result in accaleraHon of tha sums secured by <br />this 5ecurity Inatrument and sale of tha Property. The notice shall further inform Borrower of the <br />right to reinstate after accaleration and the right to bring a court action to assert tha non-e�stence of a <br />default or any othar defanse of Borrower to accaleration and sale. If the default is not cured on or <br />before tha date spec�fied in the notice, Lender at its option may requira immediate payment in full of <br />all sums secnred by this S�urity Instrnment without further demand and may invoke the powar of sale <br />and any other ramedies permitted by Applicabla Law. Lender shall ba entitled to collect all expanses <br />incurred in pnrsuing the remedi� provided in this Section 22, including, bnt not limited to, reasonabla <br />attorneys' fees aad costs of titla evidance. <br />001122626455 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMEM WITH MERS <br />VMP � <br />Wol[ers Kluwer Financial Services <br />Ci[ibank 3.2.49.09 V7 <br />Fortn 3028 '1 /01 <br />VMP6A(NE) (1105).00 <br />Page 14 of 17 <br />�/ � � <br />