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202305257 <br />and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale <br />of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will <br />state the name and address of the new Loan Servicer, the address to which payments should be made and any other <br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter <br />the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations <br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed <br />by the Note purchaser unless otherwise provided by the Note purchaser. <br />20. Borrower Not Third -Party Beneficiary to Contract of Insurance. Mortgage Insurance reimburses Lender <br />(or 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 <br />between the Secretary and Lender, nor is Borrower entitled to enforce any agreement between Lender and the <br />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 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; (c) <br />"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, <br />or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />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 presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be <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 <br />any removal or 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 shall create any <br />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 following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />NEBRASKA FHA DFFP OF TRUST - MERS <br />NEDOTZ2.FHA 07/25/18 <br />Page 11 of 13 <br />✓DocMagic <br />Generated at: 10/3/2023 23:01 UTC <br />