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NEBRASKA — Single Family— UNIFORM INSTRUMENT
<br />201503499
<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 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 any duty owed by reason of,
<br />this Security Instrument, until such Borrower 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 take 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 Borrower pursuant
<br />to Section 24 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to
<br />satisfy the notice and opportunity 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" means 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 substances in consumer products).
<br />Borrower shall promptly give Lender written 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 learns, 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 transfer, 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 Charge. 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 maximum 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-MERS GreatDocs°
<br />ITEM 2697L11 (013114) (Page 11 of 14)
<br />MILBY,J0000477315 0000477315
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