Laserfiche WebLink
1 <br />201806 <br />not required to reinstate if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings <br />within two years immediately preceding the commencement of a current foreclosure proceedings; (ii) reinstatement will <br />preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien <br />created by this Security Instrument. Lender may require that Borrower pay such reinstatement sums and expenses in one <br />or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, <br />treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by <br />a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this <br />Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br />However, this right to reinstate shall not apply in the case of acceleration under Section 17. <br />19. 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 might <br />result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and <br />this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, <br />and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If <br />there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and <br />address of the new Loan Servicer, the address to which payments should be made and any other information RESPA <br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a <br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with <br />the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless <br />otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant <br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that <br />the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section <br />14) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take <br />corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that <br />time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to <br />cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 17 <br />shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. <br />20. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses Lender (or <br />any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. <br />Borrower acknowledges and agrees that the Borrower is not a third party beneficiary to the contract of insurance between <br />the Secretary and Lender, nor is Borrower entitled to enforce any agreement between Lender and the Secretary, unless <br />explicitly authorized to do so by Applicable Law. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as <br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of <br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an <br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental <br />Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the <br />FHA Nebraska Deed of Trust with MERS 1/2015 <br />IDS, Inc. -59482 <br />Page 10 of 12 <br />Borrower(s) Initials <br />