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202402772
<br />22. 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
<br />the 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
<br />any 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
<br />will be given written notice of the change which will state the name and address of the new Loan Servicer,
<br />the address to which payments should be made, and any other information RESPA requires in connection
<br />with a notice of transfer of servicing.
<br />23. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance
<br />with Section 16) of an alleged breach and afforded the other party a reasonable period after the giving of
<br />such notice to take corrective action, neither Borrower nor Lender may commence, join, or be joined to
<br />any judicial action (either as an individual litigant or a member of a class) that (a) arises from the other
<br />party's actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has
<br />breached any provision of this Security Instrument or the Note. If Applicable Law provides a time period
<br />that must elapse before certain action can be taken, that time period will be deemed to be reasonable for
<br />purposes of this Section 23. The notice of Default given to Borrower pursuant to Section 26(a) and the
<br />notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 23.
<br />24. Hazardous Substances.
<br />(a) Definitions. As used in this Section 24: (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
<br />(iv) 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
<br />presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any
<br />Hazardous Substances, on or in the Property. Borrower will not do, nor allow anyone else to do, anything
<br />affecting the Property that: (i) violates Environmental Law; (ii) creates an Environmental Condition; or
<br />(iii) due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects
<br />or could adversely affect the value of the Property. The preceding two sentences will not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
<br />recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but
<br />not limited to, hazardous substances in consumer products).
<br />(c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any
<br />investigation, claim, demand, lawsuit, or other action by any governmental or regulatory agency or private
<br />party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has
<br />1555500275
<br />Form 3028 07/2021
<br />Page 18 of 22
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
<br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289
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