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202403805 <br />21. Loan Servicer. Lender may take any action permitted under this Security Instrument through the Loan <br />Servicer or another authorized representative, such as a sub -servicer. Borrower understands that the Loan Servicer <br />or other authorized representative of Lender has the right and authority to take any such action. <br />The Loan Servicer may change one or more times during the term of the Note. The Loan Servicer may or <br />may not be the holder of the Note. The Loan Servicer has the right and authority to: (a) collect Periodic Payments <br />and any other amounts due under the Note and this Security Instrument; (b) perform any other mortgage loan <br />servicing obligations; and (c) exercise any rights under the Note, this Security Instrument, and Applicable Law on <br />behalf of Lender. If there is a change of the Loan Servicer, Borrower will be given written notice of the change <br />which will state the name and address of the new Loan Servicer, the address to which payments should be made, <br />and any other information RESPA requires in connection with a 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 notice to <br />take corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action <br />(either as an individual litigant or a member of a class) that (a) arises from the other party's actions pursuant to <br />this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security <br />Instrument or the Note. If Applicable Law provides a time period that must elapse before certain action can be <br />taken, that time period will be deemed to be reasonable for purposes of this Section 22. The notice of Default <br />given to Borrower pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section <br />18 will be deemed to satisfy the notice and opportunity to take 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 where <br />the Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous Substances" <br />include (A) those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental <br />Law, and (B) the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, corrosive materials or <br />agents, and radioactive materials; (iii) "Environmental Cleanup" includes any response action, remedial action, or <br />removal action, as defined in Environmental Law; and (iv) an "Environmental Condition" means a condition that <br />can cause, contribute to, or otherwise trigger an 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 Substances, <br />on or in the Property. Borrower will not do, nor allow anyone else to do, anything affecting the Property that: (i) <br />violates Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the presence, use, or release <br />of a Hazardous Substance, creates a condition that adversely affects or could adversely affect the value of the <br />Property. The preceding two sentences will not apply to the presence, use, or storage on the Property of small <br />quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and <br />to maintenance of the Property (including, but 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 party <br />involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual <br />knowledge; (ii) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, <br />release, or threat of release of any Hazardous Substance; and (iii) any condition caused by the presence, use, or <br />release of a Hazardous Substance that adversely affects the value of the Property. If Borrower learns, or is notified <br />by any governmental or regulatory authority or any private party, that any removal or other remediation of any <br />321-4020758-703 <br />NEBRASKA - FHA Deed of Trust With MERS <br />FAIRWAY INDEPENDENT MORTGAGE CORPORATION - NMLS 2289 <br />Y <br />h <br />1555500389 <br />70228MNE 01/2023 <br />Page 16 of 20 <br />