Laserfiche WebLink
will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by <br />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 <br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by <br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such <br />notice given in compliance with the requirements of Section 14) of such alleged breach and afforded the <br />other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a time period which must elapse before certain action can be taken, that time <br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 24 and the notice of acceleration given to <br />Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective <br />action provisions of this Section 19. <br />20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and <br />the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and <br />radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" <br />includes any response action, remedial action, or removal action, as defined in Environmental Law; and <br />(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />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 <br />do, 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 <br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />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 investigation, claim, demand, lawsuit or <br />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 <br />Environmental Condition, 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 />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified <br />by any governmental or regulatory authority, or any private party, that any removal or other remediation of <br />any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on <br />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, <br />as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of <br />transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear <br />interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or <br />any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the <br />assumer is exempt under the provisions of 38 U.S.C. 3729(c). (Note: The funding fee for loans assumed <br />1111 11111111111111 111111 <br />* 3 0 0 0 1 0 4 3 2 0 <br />NEBRASKA —Sing e Family— UNIFORM INSTRUMENT <br />Accenture Mortgage Cadence Document Center OD <br />3773 01/14 <br />Page 12 of 15 <br />11111111 II II II IVI I V <br />2015071/ 7 <br />