|
<br />200603482
<br />
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
<br />interest in the Note (together with this Security Instrument) can be sold one or more times without prior
<br />notice to Borrower. A sale might result in a change in the entity (known as the "Loan Serviccr") that
<br />collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage
<br />loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also
<br />might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of
<br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and
<br />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. If the Note is sold and
<br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan
<br />scrvicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and arc not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either
<br />an individual litigant or the member ofa class) that arises from thc other party's actions pursuant to this
<br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
<br />by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
<br />such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
<br />the other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br />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 and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
<br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
<br />located that rclate to health, safety or environmental protection; (c) "Environmcntal Clcanup" includes
<br />any response action, remedial action, or removal action, as defmed in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />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. Borrower
<br />shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
<br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,
<br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of
<br />small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in
<br />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 Property
<br />and any Hazardous Substance or Environmental Law of which Borrower has actual knowledgc, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat
<br />
<br />NEBRASKA - Single Family" Fannie MaelFreddle Mae UNIFORM INSTRUMENT WITH MERS
<br />Page I3 of I7
<br />
<br />Form 3028 1/01
<br />
<br />fuiWl~
<br />
|