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<br />200808291 <br /> <br />20. Sale of Note; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in <br />a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security <br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable <br />Law. There also might be one or more changes of the Loan Servicer unrelated to a sale ofthe Note. Ifthere is a change of <br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan <br />Servicer, the address to which payments should be made and any other information RESPA requires in connection with a <br />notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loan Servicer and are 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 an individual litigant <br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument orthat alleges that the <br />other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or <br />Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged <br />breach and afforded 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 period will be deemed <br />to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower <br />pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satislY the <br />notice and 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 <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: <br />gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal lam and lam of the <br />jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" <br />includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />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, <br />or 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 <br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br />uses and to 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, lamuit or other action by <br />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 to, <br />any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the <br />presence, use or release of a Hazardous Substance which adversely affects the value ofthe Property. If Borrower learns, or <br />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 />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 under <br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action <br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by <br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The <br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action <br />to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is <br />not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full <br />of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any <br />other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing <br />the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title <br />evidence. <br /> <br />NEBRASKA--Single Family--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT <br />NEBRASKA VA DOT 3028 01/01 <br /> <br />r~ <br />W <br />