Laserfiche WebLink
Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written <br />notice of the change which will state the name and address of the new Loan Servicer, the address to which <br />payments should be made and any other information RESPA requires in connection with a notice of transfer of <br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of <br />the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided <br />by the Note 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 14) 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 Section. 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 17 shall be deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 19. <br />20. Borrower Not Third - Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses <br />Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the <br />Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party beneficiary to the <br />contract of insurance between the Secretary and Lender, nor is Borrower entitled to enforce any agreement <br />between Lender and the Secretary, unless explicitly authorized to do so by Applicable Law. <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 />FHA Deed of Trust -NE 9/30/2014 <br />Bankers Systems' WP ® VMP4R(NE) (1506).01 <br />Wolters Kluwer Financial Senn es Page 11 of 14 <br />1111111111111111111111 VIV� NIIBI111U 1 1 1 �Ii1 1 �l All 1 1111 lll 111 l 1111 <br />201801000 <br />