Laserfiche WebLink
202105632 <br />Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to <br />Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the <br />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 individual <br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that <br />alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until <br />such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of <br />Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such <br />notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can <br />be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration <br />and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower <br />pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this <br />Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined <br />as 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 <br />of 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 defined in <br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />otherwise trigger an Environmental 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 <br />do, anything affecting the Property (a) that is in violation of any Environmental Law, (h) 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 presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to he <br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous <br />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 Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the <br />Property. if Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any <br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly <br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation <br />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 following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the <br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date <br />specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the <br />Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to <br />bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration <br />and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require <br />NEBRASKA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3028 1/01 <br />Page 11 of 13 <br />IDS. Inc. - 31639 <br />1 <br />