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202400469
<br />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
<br />not assumed by the 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
<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 owed
<br />by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
<br />such notice given in compliance with the requirements of Section 14) of such alleged breach and afforded
<br />the other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this Section. The notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br />Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective
<br />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
<br />the Loan as agreed. Borrower acknowledges and agrees that the Borrower is not a third party beneficiary
<br />to the contract of insurance between the Secretary and Lender, nor is Borrower entitled to enforce any
<br />agreement 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
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located
<br />that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any
<br />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
<br />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 not
<br />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 of
<br />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 or
<br />other action by any governmental or regulatory agency or private party involving the Property and any
<br />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 threat
<br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
<br />321-3978612-703
<br />FHA Deed of T ust WI h NIERS-NE
<br />Banke s Sys emsTM VMP
<br />Wolte s Kluwe Financ a Services
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<br />1555500204
<br />9/30/2014
<br />VMP4N(NE) (1506).00
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