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<br />200710386 <br /> <br />instrumentality or entity; or (d) Electronic Funds TnUlsfer. Upon reinstatement by Borrower, this Security Instrument and <br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall <br />not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicerj Notice of Grievance. The Note or a partial interest in the Note (together <br />with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change <br />in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument <br />and perfonns other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There <br />also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br />Servicer, Borrower will be given written notice of the change which will state the name mld address of the new Loan Servicer, <br />the address to which payments should be made and any other infonnation RESP A requires in connection with a notice of <br />transfer of servicing. If the 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 transferred to a successor <br />Loan Servicer and are not 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 individual litigant or <br />the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the <br />other party has breached mlY provision of, or mlY duty owed by reason of, this Security Instrument, until such Borrower or <br />Lcnder has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged <br />breltch and afforded the other party hereto a reasonable period after the giving of sueh notice to take corrective action. If <br />Apphcablc Law provides a time period which must elapse before certain action cml be taken, that time period will be deemed <br />to IJe reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant <br />to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice lUld <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 defined as <br />toxic or hazardous substances, pollutants, or wastes by Environmental Law mld the following substances: gasoline, kerosene, <br />other tlmmllable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />fonnaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a <br />condilioll that can cause, contribute to, or otherwise trigger an Environmental Clemlllp. <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 />anythiug affecting the Property (a) that is in violation of any EnvirolUllental 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 affects <br />the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of slnall <br />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 by <br />any govermuental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, mld (c) any condition caused by the presence, use <br />or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any <br />governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. Nothing herein shall create any obligation on Lender for ml 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 Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; <br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and <br />(eI) that failure to cure 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 Borrower of the right to <br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other <br />defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified In the notice, <br /> <br />ITEM T2698L 1 0 (0308)-MERS <br /> <br />(Page 10 of 12 pages) <br /> <br />Fonn 3028 1/01 <br /> <br />GREATLANP . <br />To Order Call: 1-800-530-9393 0 fax: 616-791-1131 <br /> <br />NEBRASKA-Single Falllily--Fannle MaelFre<hUe Mac UNIFORM INSTRUMENT <br /> <br />D. .$ <br />