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202402755
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6/19/2024 3:43:27 PM
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6/19/2024 3:43:25 PM
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DEEDS
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202402755
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202402755 <br />13701872 <br />21. Loan Servicer. Lender may take any action permitted under this Security Instrument through <br />the Loan Servicer or another authorized representative, such as a sub -servicer. Borrower understands that the <br />Loan Servicer or other authorized representative of Lender has the right and authority to take any such <br />action. <br />The Loan Servicer may change one or more times during the term of the Note. The Loan Servicer <br />may or may not be the holder of the Note. The Loan Servicer has the right and authority to: (a) collect <br />Periodic Payments and any other amounts due under the Note and this Security Instrument; (b) perform any <br />other mortgage loan servicing obligations; and (c) exercise any rights under the Note, this Security <br />Instrument, and Applicable Law on behalf of Lender. If there is a change of the Loan Servicer, Borrower will <br />be given written notice of the change which will state the name and address of the new Loan Servicer, the <br />address to which payments should be made, and any other information RESPA requires in connection with a <br />notice of transfer of servicing. <br />22. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with <br />Section 15) of an alleged breach and afforded the other party a reasonable period after the giving of such <br />notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to any <br />judicial action (either as an individual litigant or a member of a class) that (a) arises from the other party's <br />actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any <br />provision of this Security Instrument or the Note. If Applicable Law provides a time period that must elapse <br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of this <br />Section 22. The notice of Default given to Borrower pursuant to Section 26(a) and the notice of acceleration <br />given to Borrower pursuant to Section 18 will be deemed to satisfy the notice and opportunity to take <br />corrective action provisions of this Section 22. <br />23. Hazardous Substances. <br />(a) Definitions. As used in this Section 23: (i) "Environmental Law" means any Applicable Laws <br />where the Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous <br />Substances" include (A) those substances defined as toxic or hazardous substances, pollutants, or wastes by <br />Environmental Law, and (B) the following substances: gasoline, kerosene, other flammable or toxic <br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, corrosive materials or agents, and radioactive materials; (iii) "Environmental Cleanup" <br />includes any response action, remedial action, or removal action, as defined in Environmental Law; and (iv) <br />an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the presence, <br />use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous <br />Substances, on or in the Property. Borrower will not do, nor allow anyone else to do, anything affecting the <br />Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the <br />presence, use, or release of a Hazardous Substance, creates a condition that adversely affects or could <br />adversely affect the value of the Property. The preceding two sentences will not apply to the presence, use, or <br />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, <br />hazardous substances in consumer products). <br />FHA Nebraska Deed of Trust <br />),1t 26143.4 <br />Initials: <br />01/2023 <br />Page 17 of 20 <br />
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