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200308909
<br />that collects Periodic Payments due under the Note and this Security Instrument and performs other
<br />mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law.
<br />There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If
<br />there is a change of the Loan Servicer, Borrower will be given written notice of the change which will
<br />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. If the
<br />Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
<br />Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
<br />otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
<br />either an individual litigant or the member of a class) that arises from the other party's actions
<br />pursuant to this Security Instrument or that alleges that the other party has breached any provision
<br />of or any duty owed by reason of this Security Instrument, until such Borrower or Lender has
<br />notified the other party (with such notice given in compliance with the requirements of Section 1 S) of
<br />such alleged breach and afforded the other party hereto a reasonable period after the giving of such
<br />notice to take corrective action. If Applicable Law provides a time period which must elapse before
<br />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
<br />22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
<br />the notice and 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
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law
<br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in
<br />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
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
<br />violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due
<br />to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects
<br />the value of the Property. The preceding two sentences shall not apply to the presence, use, or
<br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to
<br />be appropriate to normal residential uses and to maintenance of the Property (including, but not
<br />limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
<br />lawsuit or other action by any governmental or regulatory agency or private party involving the
<br />Property and any Hazardous Substance or Environmental Law of which Borrower has actual
<br />knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
<br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by
<br />the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any
<br />private party, that any removal or other remediation of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
<br />with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental
<br />Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
<br />following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior
<br />to acceleration under Section 78 unless Applicable Law provides otherwise). The notice shall specify:
<br />(a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the
<br />date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure
<br />the default on or before the date specified in the notice may result in acceleration of the sums
<br />secured by this Security instrument and sale of the Property. The notice shall further inform
<br />Borrower of the right to reinstate after acceleration and the right to bring a court action to assert
<br />the non - existence of a default or any other defense of Borrower to acceleration and sale. If the
<br />default is not cured on or before the date specified in the notice, Lender at its option may require
<br />immediate payment in full of all sums secured by this Security Instrument without further demand
<br />and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall
<br />be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
<br />including, but not limited to, reasonable attorneys' fees and costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in
<br />which any part of the Property is located and shall mail copies of such notice in the manner
<br />prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law.
<br />NEBRASKA Single Family -- Fannie MaeIFWdie M., UN/FORMfNSTRUMEN % MERSMOdfed Fo,n, 30181101
<br />(', got 10 ".) R03 -1712
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