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<br />i' , ' <br /> <br />200802312 <br /> <br />had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section <br />18. <br /> <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the <br />Note (together with this Security Instrument) can be sold one or more times without prior notice to <br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects <br />Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, 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 Note. If there is a change of the <br />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 <br />loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a <br />successor Loan Servker and are not assumed by the Note purchaser unless otherwise provided by the <br />Note purchaser. <br /> <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 <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 <br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective <br />action. If Applicable Law provides a time period which must elapse before certain action can be taken, <br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />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 <br />opportunity to take corrective action provisions of this Section 20. <br /> <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances <br />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 <br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" <br />includes any response action, remedial action, or removal action, as defmed in Environmental Law; and <br />(d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger <br />an Environmental Cleanup. <br /> <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 <br />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 <br />of 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 <br />in consumer products).' . <br /> <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or <br />other action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any <br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat <br />ofrelease of any Hazardous Substance, and (c) any condition caused by the presence, use or release of <br />a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any governmental or regulatory authority, or any private party, that any removal or other <br />remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly <br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create <br />any obligation on Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <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 <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall <br />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than the <br />minimum number of days established by Applicable Law 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 <br />before the date specified in the notice may result in acceleration of the sums secured by this <br />Security Instrument and sale of the Property. To the extent permitted by law, the notice shall <br />further inform Borrower of the right to reinstate after acceleration and the right to bring a <br /> <br />[nitials T;Z 1\1 <br /> <br />Form 3018 1101 <br />www.conlpliancesystems.com <br /> <br /> <br />/:- ell iil""."""'"" <br /> <br />NE'BRASKA . Single Family. F.hb~ MaefFreddle Mac UNIFORM INSTRUMENT <br />iC> 2004.2007 Copyright Compliance System" Inc. CD6D-638f - 2007,10.173 <br />1~!'~Jl!~.I~T.!li:. Real Estate. Security Instrument DL2047 <br /> <br />Paae90fll <br />