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200402021
<br />Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and
<br />other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security
<br />Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
<br />Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this
<br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums
<br />and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
<br />certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an
<br />institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds
<br />Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain
<br />fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
<br />acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
<br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A
<br />sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due
<br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
<br />Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
<br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written
<br />notice of the change which will state the name and address of the new Loan Servicer, the address to which
<br />payments should be made and any other information RESPA requires in connection with a notice of transfer of
<br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of
<br />the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer(s) and are not assumed by the Note purchaser unless otherwise provided
<br />by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or
<br />that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security
<br />Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with
<br />the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
<br />after the giving of such notice to take corrective action. If Applicable Law provides a time period which must
<br />elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this
<br />paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the
<br />notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
<br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
<br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
<br />Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or
<br />environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal
<br />action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause,
<br />contribute to, or otherwise trigger an 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 not do, nor
<br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
<br />which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall
<br />not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,
<br />but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous
<br />NEBRASKA - Single Family - Fannie Mae /Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3028 (01/01)
<br />MERS 3028
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