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20120630� <br />address of the new Loan Servicer, the address to which payments should be made and any other information RESPA <br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a <br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with <br />the Loan Servicer or be h�ansferred to a successor Loan Servicer and aze not assumed by the Note purchaser unless <br />otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender ma.y commence, j oin, or be joined to any judicial action (as either an individual litigant <br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that <br />the other parly has breached any provision of, or any duty owed by reason of, this Security Inshument, until such <br />Bonower or Lender has notified the other pariy (with such notice given in compliance with the requirements of Section <br />15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take <br />corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that <br />time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opport�mity to <br />cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 <br />shall be deemed to sarisfy the norice and opportunity to take correcrive action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazazdous Substances" are those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substauces: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federallaws and laws <br />of the jurisdiction where the Property is located that relate to health, safety or environmenta.l protecrion; <br />(c) "Environmental Cleanup" inciudes aay response action, 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 otherwise <br />trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor a11ow anyone else to do, <br />anything affecting the Property (a) that is in violadon of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substaace, creates a condition that adversely <br />affects the value of the Properiy. The preceding two sentences shall not apply to the presence, use, or storage on the <br />Properiy of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br />uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, cla,�m, demand, lawsuit or other action <br />by any governmental or regulatory agency or private pazty involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition <br />caused by the presence, use or release of a Hazardous Substance wkuch adversely affects the value of the Properiy. If <br />Borrower learns, or is notified by any goveramental or regulatory suthority, or any private party, that any removal or <br />other remediation of any Hazazdous Substance affecting the Properiy is necessary, Borrower sha11 promptly take a11 <br />necessary remedial actions in accordaace with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br />NON-UMFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this SecurHty Instrument (but not prior to acceleration under Section 18 <br />unless Applicable Law provldes otherwise). The notice shall specify: (a) the defanit; (b) the action reqwtred to cnre <br />the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by wlutc6 the default <br />must be cured; and (d) that failure to cure the default on or before the date specified in the notice may resnit in <br />acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />inform Borrower of the rlght to reinstate after acceleration and the right to bring a court action to assert the <br />non-egistence of a default or any other defense of Borrower to acceleratton and sale. If the default is not cured on <br />or before the date specified in the notice, Lender at its option may require immediate payment in full of all snms <br />NEBRASKA -Single Family-Fannle MaelFreddie Mac UNIFORM INSTRUMENT with MERSForm 3028 1/01 �� <br />Page 11 of 13 <br />ios, ma Borrower(s) IniUals <br />