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� <br />loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan <br />Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note pwchaser. <br />Neither Bonower 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 pazty has breached any provision of, or any duty owed by reason of, <br />this Secwity Instrument, until such Bonower or Lender has notified the other party (with such notice given in <br />compliance with the requirements of Section 14) of such alleged breach and afforded the other party hereto a <br />reasonable period after the giving of such notice to talce corrective action. If Applicable Law provides a time <br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable <br />for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Bonower pursuant <br />to Section 24 and the notice of acceleradon given to Borrower pursuant to Section 17 shall be deemed to <br />satisfy the notice and op}sortunity to take corrective action provisions of this Section 19. <br />20. Hazardous Substances. As used in this Section 20: (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) "Environmental <br />Law" mea.ns federal laws and laws of the jurisdiction where the Property is located that relate to health, safety <br />or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or <br />removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition <br />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 sub�stances in consumer products). <br />Borrower sha11 promptly give Lender writte�, notice of (a) any investigation, claim, demand, lawsuit <br />or other action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (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 leams, 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 accordance <br />with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />21. Funding Fee. A fee equal to one-half of one percent of the balance of this loan as of the date of <br />transfer of the Property shall be payable at the time of transfer to the loan holder or its authorized agent, as <br />trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of t�ansfer, the fee <br />shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein <br />provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be <br />immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of <br />38 U.S.C. 3729(c). (Note: The funding fee for loans assumed between 12/13/02 and 9/30/03 will be 1 percent.) <br />22. Processing C6arge. Upon application for approval to allow assumption of this loan, a processing <br />fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the <br />assumer and subsequently revising the holder's ownership records when an approved transfer is completed. <br />The amount of this charge shall not exceed the maacimum established by the Department of Veterans Affairs <br />for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. <br />NEBRASKA—Single Family—UNIFORM INSTRUMENT ;� ,�; <br />�,. <br />NEBRASKA•MERS <br />ITEM 2697L11 (091911) <br />WYLIE,F0000452197 <br />GreatDocs' <br />(Page 11 of 13) <br />0000452197 <br />