|
LOAN #: 1705000014789
<br />eriodic Payments due under the Note and this Security Instrument and performs other mortgage loan
<br />ervicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
<br />ne or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
<br />oan Servicer, Borrower will be given written notice of the change which will state the name and address
<br />f the new Loan Servicer, the address to which payments should be made and any other information
<br />ESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the
<br />oan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing
<br />bligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
<br />nd 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 />i dividual litigant or the member of a class) that arises from the other party's actions pursuant to this
<br />ecurity Instrument or that alleges that the other party has breached any provision of, or any duty owed
<br />b reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
<br />s ch notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
<br />t e other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />pplicable Law provides a time period which must elapse before certain action can be taken, that time
<br />p =riod will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
<br />o•portunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br />B . rrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br />a tion provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />s bstances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law
<br />a d the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />sticides and herbicides, volatile solvents, materials containing asbestos orformaldehyde, and radioactive
<br />terials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property
<br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes
<br />a y response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />nvironmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />E vironmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />S bstances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall
<br />t do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
<br />E vironmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,
<br />e, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />P .perty. The preceding two sentences shall not apply to the presence, use, or storage on the Property
<br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />re • idential uses and to maintenance of the Property (including, but not limited to, hazardous substances
<br />in onsumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any govemmental or regulatory agency or private party involving the Property and
<br />an, Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />E vironmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat
<br />of elease of any Hazardous Substance, and (c) any condition caused by the presence, use or release
<br />of : Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
<br />no ified by any governmental or regulatory authority, or any private party, that any removal or other
<br />re ediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
<br />to e all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br />an obligation on Lender for an Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
<br />fol owing Borrower's breach of any covenant or agreement in this Security Instrument (but not
<br />pri • r to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall
<br />sp : city: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days
<br />fro the date the notice is given to Borrower, by which the default must be cured; and (d) that
<br />fai re to cure the default on or before the date specified in the notice may result in acceleration
<br />of he sums secured by this Security Instrument and sale of the Property. The notice shall further
<br />Inf rm Borrower of the right to reinstate after acceleration and the right to bring a court action to
<br />as = ert the non - existence of a default or any other defense of Borrower to acceleration and sale.
<br />If t e default is not cured on or before the date specified in the notice, Lender at its option may
<br />re • uire immediate payment in full of all sums secured by this Security Instrument without further
<br />de and and may invoke the power of sale and any other remedies permitted by Applicable Law.
<br />Le der shall be entitled to collect all expenses incurred in pursuing the remedies provided in this
<br />Se tion 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale Is invoked, Trustee shall record a notice of default In each county In which
<br />an part of the Property is located and shall mail copies of such notice in the manner prescribed
<br />by pplicable Law to Borrower and to the other persons prescribed by Applicable Law. After the
<br />tim - required by Applicable Law, Trustee shall give public notice of sale to the persons and in the
<br />ma ner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property
<br />at • ublic auction to the highest bidder at the time and place and under the terms designated in the
<br />not ce of sale in one or more parcels and in any order Trustee determines. Trustee may po tpone
<br />Initials'
<br />NEB SKA— Single Family— Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01
<br />Ellie ae, Inc. Page 9 of 10 NEUDEED 0415
<br />NEUDEED (CLS)
<br />06/28/2017 03.48 PM PST
<br />201704346
<br />
|