|
202404657
<br />of any other covenants or agreements under this Security Instrument or the Note; (cc) pay all expenses incurred in
<br />enforcing this Security Instrument or the Note, including, but not limited to: (i) reasonable attorneys' fees and costs;
<br />(ii) property inspection and valuation fees; and (iii) other fees incurred to protect Lender's interest in the Property
<br />and/or rights under this Security Instrument or the Note; and (dd) take such action as Lender may reasonably require
<br />to assure that Lender' s interest in the Property and/or rights under this Security Instrument or the Note, and
<br />Borrower' s obligation to pay the sums secured by this Security Instrument or the Note, will continue unchanged.
<br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
<br />forms, as selected by Lender: (aaa) cash; (bbb) money order; (ccc) certified check, bank check, treasurer' s check, or
<br />cashier' s check, provided any such check is drawn upon an institution whose deposits are insured by a U. S. federal
<br />agency, instrumentality, or entity; or (ddd) Electronic Fund Transfer. Upon Borrower's reinstatement of the Loan,
<br />this Security Instrument and obligations secured by this Security Instrument will remain fully effective as if no
<br />acceleration had occurred.
<br />21. Sale of Note. The Note or a partial interest in the Note, together with this Security Instrument, may be sold
<br />or otherwise transferred one or more times. Upon such a sale or other transfer, all of Lender' s rights and obligations
<br />under this Security Instrument will convey to Lender' s successors and assigns.
<br />22. 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 may
<br />not be the holder of the Note. The Loan Servicer has the right and authority to: (a) collect Periodic Payments and any
<br />other amounts due under the Note and this Security Instrument; (b) perform any other mortgage loan servicing
<br />obligations; and (c) exercise any rights under the Note, this Security Instrument, and Applicable Law on behalf of
<br />Lender. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state
<br />the name and address of the new Loan Servicer, the address to which payments should be made, and any other
<br />information RESPA requires in connection with a notice of transfer of servicing.
<br />23. Notice of Grievance. Until Borrower or Lender has notified the other party (in accordance with Section
<br />16) of an alleged breach and afforded the other party a reasonable period after the giving of such notice to take
<br />corrective action, neither Borrower nor Lender may commence, join, or be joined to any judicial action (either as an
<br />individual litigant or a member of a class) that (a) arises from the other party' s actions pursuant to this Security
<br />Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or
<br />the Note. If Applicable Law provides a time period that must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this Section 23. The notice of Default given to Borrower
<br />pursuant to Section 26(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to
<br />satisfy the notice and 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 where the
<br />Property is located that relate to health, safety, or environmental protection; (ii) "Hazardous Substances" include (A)
<br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, corrosive materials or agents, and
<br />radioactive materials; (iii) "Environmental Cleanup" includes any response action, remedial action, or removal action,
<br />as defined in Environmental Law; and (iv) an "Environmental Condition" means a condition that can cause, contribute
<br />to, or otherwise trigger an Environmental Cleanup.
<br />(b) Restrictions on Use of Hazardous Substances. Borrower will not cause or permit the presence, use,
<br />disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in
<br />the Property. Borrower will not do, nor allow anyone else to do, anything affecting the Property that: (i) violates
<br />Environmental Law; (ii) creates an Environmental Condition; or (iii) due to the presence, use, or release of a
<br />NEBRASKA- Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT DocMagic
<br />Form 3028 07/2021
<br />Page 15 of 19
<br />ne3028. dot -a. xmd
<br />
|