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2 01407874 <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale <br />might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under <br />the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, <br />this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer <br />unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of <br />the change which will state the name and address of the new Loan Servicer, the address to which payments <br />should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If <br />the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the <br />mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a <br />successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or <br />that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security <br />Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance <br />with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable <br />period after the giving of such notice to take corrective action. If Applicable Law provides a time period which <br />must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of <br />this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and <br />the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (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" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or <br />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 that <br />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 Substances, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone <br />else 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 Hazardous 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 Property of small quantities of Hazardous Substances that are generally <br />recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not <br />limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice 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 <br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, <br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous <br />Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which <br />adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory <br />authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the <br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br />NEBRASKASIngIe Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />v1 <br />Wolters Kluwer Financial Services <br />111111111W 11111 11111 11111 PHI lilA UI liii 11111 11111 11111 11111 liii liii <br />Form 3028 1/01 <br />VMS:4N j (1302).00 <br />Page 12 of 15 <br />