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�012a8 <br />this Security lnstrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, <br />and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If <br />there is a change of the Loan Servicer, Bonower will be given written notice of the change wluch will state the name and <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 Loaa 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 transferred to a successor Loan Servicer and aze not assumed by the Note purchaser unless <br />otherwise provided by the Note purchaser. <br />Neither B orrower nor Lender may commence, join, 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 party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section <br />15) of such alleged br�ch and afforded the other pariy hereto a reasonable period after the giving of such notice to take <br />corrective action. If Applicable Law provides a time period wluch 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 opporhmity to <br />cure given to Borrower pursuant to Section 22 and the ttotice of acceleration given to Borrower pursuant to Section 18 <br />shall be deemed to sarisfy the norice and opportunity to take corrective acrion provisions of this Secrion 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 substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, to�cic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmenta.l Law" means federallaws and laws <br />of the jurisdiction where the Property is located that relate to health, safety or envirottmental protection; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental Law; and (d) an "Environmental Condition" means a condirion 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 violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences sha11 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 investigarion, claim, demand, lawsuit or other action <br />by any governmental or regulatory agency or private party involving the Properiy and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condirion, 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 which adversely affects the value of the Property. If <br />Borrower learns, or is notified by any governmental or regulatory authority, or any private pariy, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all <br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender <br />for an Environmental Cleanup. <br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceteration; Remedies. Lender shall give notice to Borrower prior to acceleratton following Borrower's <br />breach of any covenant or agreement in t6is Security Instrument (but not prior to acceleration nnder Section 18 <br />unless Applicable Law provides otherwise). The notice ahall specify: (a) the default; (b) the action required to cure <br />the default; (c) a date, not less than 30 days from the date the not3ce is given to Borrower, by which the default <br />must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in <br />acceleration of the sums secured by tliis Security Instrument and sale of the Property. The notice shall further <br />NEBRASKA -Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT wrlth MERSForm 3028 1/01 <br />Page 11 of 13 <br />ios, i��. Borrowens) Inttials � <br />