' , ' 201109372
<br /> 21. HazardousSubstances.As used in this Section 21: (a) "Hazardous Substances"are those substances
<br /> defined 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 Property is located that
<br /> relate to health, safety or environmental protection; (c) "Environmental Cleanup"includes any response
<br /> action, remedial action, 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. Borrower 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 condition 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 promptly 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 lrnowledge, (b) any Environmental
<br /> Condition, including but not limited to, any spilling, 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-UniformCovenants.Borrower and Lender covenant and agree as follows:
<br /> 22. Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following
<br /> Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to
<br /> acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
<br /> the default; (b)the action required to cure the default; (c) a date,not less thaa 30 days from the date
<br /> the notice is given to Borrower, by which the default must be cured; and(d) that failure to cure the
<br /> default on or before the date specified in the notice may result in acceleration of the sums secured by
<br /> this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
<br /> right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
<br /> default or any other defense of Borrower to acceleration and sale. If the default is not cured on or
<br /> before the date specified in the notice,Lender at its option may require immediate payment in full of
<br /> all sums secured by this Security Instrument without further demand and may invoke the power of sale
<br /> and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses .
<br /> incurred in pursuing the remedies provided in this Section 22,including,but not limited to, reasonable
<br /> attorneys' fees and costs of title evidence.
<br /> 108ANE 000887841886 November 30,2011
<br /> NEBRASKASingle Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Fortn 3028 1/Ot
<br /> VMP� VMP6A(NE)(1105).00
<br /> Wolters Kluwer Financial Services Page 14 of 17
<br /> 5 w ,�U�
<br />
|