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201807313 <br />mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. <br />There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there <br />is a change of the Loan Servicer, Borrower will be given written notice of the change which will state <br />the name and address of the new Loan Servicer, the address to which payments should be made and <br />any other information RESPA requires in connection with a notice of transfer of servicing. If the Note <br />is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the <br />mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred <br />to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by <br />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 <br />owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other <br />party (with such notice given in compliance with the requirements of Section 15) of such alleged <br />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 <br />can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The <br />notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice <br />of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and <br />opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are <br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental <br />Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum <br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />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; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as <br />defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can <br />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 <br />not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any <br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, <br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the <br />Property. 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 />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances <br />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 <br />any 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 <br />threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or <br />release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, <br />or is notified by any governmental or regulatory authority, or any private party, that any removal or <br />other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein <br />shall create any 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 />following Borrower's breach of any covenant or agreement in this Security Instrument (but <br />not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The <br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not <br />less than 30 days from the date the notice is given to Borrower, by which the default must be <br />cured; and (d) that failure to cure the default on or before the date specified in the notice may <br />result in acceleration of the sums secured by this Security Instrument and sale of the Property. <br />The notice shall further inform Borrower of the right to reinstate after acceleration and the <br />right to bring a court action to assert the non-existence of a default or any other defense of <br />Borrower to acceleration and sale. If the default is not cured on or before the date specified in <br />the notice, Lender at its option may require immediate payment in full of all sums secured by <br />this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS <br />Bankers Systems", VMP® <br />Wolters Kluwer Financial Services 18.3.0.2108-J20180907N <br />Form 3028 1/01 <br />09/2018 <br />Page 10 of 12 <br />