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<br />200710089 <br />. <br /> <br />Security Instrument, and Applicable Law. There also might be one or more changes ofthe Loan Servieer unrelated to <br />a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change <br />which will state the name and address of the new Loan Servieer, the address to which payments should be made and <br />any other 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 Servieer other than the purchaser of the Note, the mortgage loan servicing <br />obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arc not <br />assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security <br />Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this <br />Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance <br />with 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 elapse <br />before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. <br />The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of <br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take <br />corrective action provisions ofthis 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 following <br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile <br />solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means <br />federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental <br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined <br />in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or <br />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 allow <br />anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates <br />an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that adversely affects the value ofthe Property. The preceding two sentences shall not apply to the presence, <br />use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be <br />appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous <br />substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, elaim, demand, lawsuit or other <br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance <br />or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any <br />condition caused by 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 private party, that any <br />removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall <br />promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any <br />obligation on Lender for an Environmental Cleanup. <br /> <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 following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration <br />under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the <br />action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to <br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date <br /> <br />Nebraska need of Trust-Single Family-Fannie Mae/Freddie Mac Uniform <br />, nstrument <br /> <br />11 <br /> <br />Form 3028 01101 <br />14001NE 08100 <br />~2000, The Compliance Source, Inc. <br />[Doc Id 6646 Rev. 01.15.07] <br /> <br />dfCY <br /> <br />~~ <br />