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<br />200610673 <br /> <br />entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured <br />hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the <br />ease of accelcration under Section 17. <br />19. Sale of the Agreement and the Account; Change of Loan Servicer; Notice of Grievance. The Agreement <br />and the Account, or a partial interest in the Agreement and the Account (together with this Security In~irument) can be sold <br />one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan <br />Servicer") that collects the Periodic Payments due under the Agreement and this Security Instrument and performs other <br />mortgage loan servicing obligations under the Agreement, this Security Instrument, and Applicable Law. There also might <br />be one or more changes of the Loan Servicer unrelated to a sale of the Agreement and the Account. If there is a change of the <br />Loan Servicer, if required under Applicable Law, Borrower will be given written notice of the change which will state the <br />name and address of the new Loan Servicer, the address to which payments should be made and any other information <br />RESP A requires in connection with a notice of transfer of servicing. If the Agreement and the Account are sold and <br />thereafter the Agreement and the Account are serviced by a Loan Servicer other than the purchaser of the Agreement and the <br />Account, the mortgage loan servicing obligations will remain with the Loan Servicer or be transferred to a successor Loan <br />Servicer and are not assumed by the purchaser of the Agreement and the Account unless otherwise provided by the <br />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 that alleges <br />that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 14) <br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take <br />corrective action. If Applicable Law provides a time period which must elapse bcfore certain action can be taken, that time <br />period will be deemed to be reasonable for purposes of this Section 19. The notice of acceleration and opportunity to cure <br />given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be <br />deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 19. <br />20. Hazardous Substances. As used in this Section 20: (a) "Hazardous Substances" are those substances defined <br />as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substanccs: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing <br />asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the <br />jurisdiction where 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 Environmental Law; and (d) an <br />"Environmental Condition" means a condition that can cause, 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 Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, 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 action <br />by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including, but not limited <br />to, any spilling, leaking, 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 Property. If Borrower learns, <br />or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in <br />accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. <br /> <br />Nebraska Ilome Equity Line of Credit Deed of Trust - Secondary Lien MERS Modified <br />-'I'm: COMPLIANCE SOURCE, INC.- Page II of 14 <br />www.compliancesoufce.com <br /> <br />4,249NE 08102 <br />((l2002. The Comp]ianc~ Source, InC. <br /> <br />6119004356 <br />