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2 0120129G <br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall <br />not apply in the case of acceleration under Section 17. <br />19. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note <br />(together with this Security Insmiment) can be sold one or more times without prior notice to Bonower. A sale might <br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note <br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale <br />of the Note. If there is a change of the Loan Servicer, Bonower will be given written norice of the change which will <br />state the name and address of the new Loan Servicer, the address to wkuch payments should be made and any other <br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter <br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations <br />to Bonower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and aze not assumed <br />by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial acrion (as either an individual <br />litigant or the member of a class) that azises from the other party' s actions pursuant to this Security Instrument or that <br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, <br />until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements <br />of Section 14) of such alleged breach and afforded the other pariy hereto a reasonable period after the giving of such <br />norice to take corrective action. If Applicable Law provides a time period which must elapse before certain action <br />can be talcen, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />acceleration and opportunity to cure given to Bonower pursuant to Secrion 21 and the notice of acceleration given <br />to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action <br />provisions of this Section 19. <br />20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those substances <br />defined as to�cic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, <br />materials containing 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 environmental protecrion; <br />(c) "Environmental Cleanup" includes any response acrion, remedial action, or removal action, as defined in <br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental Cleanup. <br />Borrower shall not cause or pemut the presence, use, disposal, storage, or release of any Hazardous Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an <br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazazdous Substance, creates a <br />condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the <br />presence, use, or storage on the Properiy of small quanrities of Hazardous Substances that are generally recognized <br />to be appropriate to normal residenrial uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Borrower shall promptly give Lender written norice 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 Substance <br />or Environmental Law of which Bonower has actual l�owledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, dischazge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substa.nce which adversely affects the value of the <br />Properiy. If Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that <br />any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Bonower shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein sha11 create any <br />obligation on Lender for an Environmenta,l Cleanup. <br />NEBRASKA-Single Family-UNIFORMINSTRUMENT DodYlaglc� <br />MODIFlm FOR DEPARTMENT OF VETERANS AFFAIRS - MERS www.docmagic.com <br />(Rev. 1/01) Page 11 of 14 <br />IIIIIIUI IuUI IIIIIII IIII I I� I II II I I IIIIIIIII IIIIIIIIIII I III <br />