Laserfiche WebLink
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be <br />one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the <br />Loan Servicer, Borrower will be given written notice of the change which will state the name and address <br />of the new Loan Servicer, the address to which payments should be made and any other information <br />RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the <br />Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing <br />obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer <br />and are 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 15) 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 paragraph. 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 18 shall be deemed to satisfy the notice and opportunity to take corrective <br />action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law <br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive <br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property <br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes <br />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 <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 <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 threat <br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release <br />of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other <br />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 <br />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 not <br />prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days <br />from the date the notice is given to Borrower, by which the default must be cured; and (d) that <br />failure to cure the default on or before the date specified in the notice may result in acceleration <br />of the sums secured by this Security Instrument and sale of the Property. The notice shall further <br />inform Borrower of the right to reinstate after acceleration and the right to bring a court action to <br />assert the non-existence of a default or any other defense of Borrower to acceleration and sale. <br />If the default is not cured on or before the date specified in the notice, Lender at its option may <br />require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of sale and any other remedies permitted by Applicable Law. <br />Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this <br />Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which <br />any part of the Property is located and shall mail copies of such notice in the manner prescribed <br />by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the <br />time required by Applicable Law, Trustee shall give public notice of sale to the persons and in the <br />manner prescribed by Applicable Law. Trustee, without demand on Borrower, shall sell the Property <br />at public auction to the highest bidder at the time and place and under the terms designated in the <br />notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone <br />NEBRASKA --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30281/01 <br />ICE Mortgage Technology, Inc. Page 9 of 10 <br />NEUDEED 0415 <br />NEUDEED (CLS) <br />20240139 <br />