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�p�207750 <br />451210090 <br />changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, <br />Borrower will be given written notice of the change which will state the name and address of the new Loan <br />Servicer, the address to which payments should be made and any other information RESPA requires in <br />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 <br />remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the <br />Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security <br />Instrument or that alleges that the other party has breached any provision of, or a.ny duty owed by reason of, <br />this Security Instrument, unril such Borrower or Lender has norified the other party (with such notice given <br />in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto <br />a reasonable period after the giving of such notice to take conective action. If Applicable Law provides a <br />time period which must elapse before certain action can be taken, that time period will be deemed to be <br />reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to <br />Borrower pursuant to Secrion 22 and the notice of acceleration given to Bonower pursuant to Section 18 <br />shall be deemed to sarisfy the notice and opportunity to take cortective action provisions of this Secrion 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioacrive 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 protecrion; (c) "Environmental Cleanup" includes any response <br />action, remedial acrion, 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 Properiy. 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 Properiy of small quanrities of Hazardous <br />Substances that aze generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Properiy (including, but not limited to, hazardous substances in consumer products). <br />Bonower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit <br />or other action by any governmental or regulatory agettcy or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Bonower has actual knowledge, (b) any <br />Environmental Condirion, including but not limited to, any spilling, leaking, discharge, release or threat of <br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a <br />Haz�udous Substance which adversely affects the value of the Property. If Bonower leams, or is notified by <br />any governmental or regulatory authority, or any private pariy, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accorda.nce with Environmental Law. Nothing herein shall create any obligation on <br />Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Bortower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleraHon <br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior <br />to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: <br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac iJr1IFORM INSTRUMENT <br />1� 338.8 Page 12 of 14 Form 30Z81/Ol <br />