|
<br />200808804
<br />
<br />404B504390
<br />
<br />sale of the Propert:- pursuant to any power of sale contained in this Security Instrlnnent (b) such other period as Applicable
<br />Law might specify f()r the tenninntion of BOlTower's right to reinstate~ or (c) entry of u judgment enforcing this Security
<br />Instrument, Those conditions arc that BOlTower: (a) pays Lender all slims which then would be due under this Security
<br />Tnstnnnent und the Note as if no acceleration had occurred~ (b) cures any default of any other covenants or agreements; (c)
<br />PllYS all e:\penses in<:urred in enfor<:ing this Security Instrument. including" but not limited to, reasonable attorneys' fees,
<br />propert:- inspection and ntluution fees" and other fees incurred for the purpose of protecting Lender's interest in the Property
<br />and rights under this Security InstrumenL and (d) takes su<:h action as Lender may reasonablv require to assure that Lemler's
<br />interest in the Property and rights under this Security Instrument. amI nOlTower's obligation to pay the sums secured by this
<br />Security Instnllnent. shall continue unchanged. I ,ender mav require that Borrower pay sucb reinstatement SIlins and e:\pcnses in
<br />one or more of tbe following fonns, as seledell by Lender: (a) cash: (h) moncy order: (c) certified che<:k. hank check,
<br />treasurer's <:heck or cilsbier's check, provided any snch check is drawn upon an institution whose deposits are insured by a
<br />federal agency, instrumentality or entity: or (d) Electronic "unds Transfer. Upon reinstatement by BOlTower, this Security
<br />Instnllnent and obligiltions secured hereby shall remain fully elle<:tive as if no acceleration had occurred, However, this right to
<br />reinstate sbilll not apply in tbe case of ae<:e1cration under Section I R.
<br />
<br />l(). Sale of Note; ChlIDgC of LOlm Serviccr; Notice of Grievance. The Note or a partial interest in the Note (together
<br />with this Security Instrument) can bl' sold one or more times without prior notice to ,BolTower. A sale might result in a chunge
<br />in the entity (knO\\I1 as the "Loan Servieer") Ihill collects Periodic Payments due under the Note amI this Security Instrument
<br />and performs other mortgage loan servicing obliglltions under the Note, this Security Instnnnent, and Applicable Law, There
<br />also might be one or mor~ changes of tbe Loan ServiceI' unrelated to a sale or the Not~. If there is a chang~ of the Loan
<br />Servicer, Borrower wilI be given written notice of the change which wilI state the name and address of the new Loan ServiceI',
<br />the address to which payments should be made and any other infoIlnation RESPA requires in eonn~ction with a notice of
<br />transfer of sefvi<:ing. I I' the Note is sold and thereafter the Loan is serviced bv a Loun Servieer other than the purchaser of the
<br />Note. the mOIigage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
<br />Loan ServiceI' and are not assumed by the Note pur<:haser unless otherwise provided by the Not~ purchaser.
<br />
<br />Neither Borrower nor Lender mav commence, join, or be joined to any judicial action (as either an individual litigant
<br />or the member of a <:lass) that arises from the other party's actions pursuant to this Security Instru11l~nt or that alleges that the
<br />other party has breached any provision of or anv duty owed by reason of this Security Instrument, until such Horrow~r or
<br />I ,ender has notified the other party (with such notice gi\'en in complian<:e with the requirements of Section 15) of such alleged
<br />breach and afforded the other party hercto 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 eerlain action can be taken. that time period will be deemed
<br />to be reasonable for purposes of this paragraph. The notice or acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 and the notice of ilcccleration 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. HlIZltnJoLls Suhstllnces. As used in this Section 21: (a) "lIai:ardous Substances" are those substances defined as
<br />to\:ie or hal:ardoLls substances. pollutants, or wasles by Environmental I,a\\ and the t~)lIowing substances: gasoline, kerosene,
<br />other Ilmnmuble or toxic petroleum products, to\:ie pesticides and herbicides. volatile solvents, materials containing asbestos or
<br />t~1l'1naldehyde, and radioaetivl' 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 />eomlilion that can cause. contribulc to. or otherwisc trigger an Environmental Cleanup,
<br />BOlTower shall not UIUSC or pennit the presence. use. disposal, storage, or release of any Hazardous Substances, or
<br />threaten to release any Hazardous Substances, on or in the Property. BOlTo",;er sha II not do, nor allow anyone else to do,
<br />anything affecting the Propertv (a) that is in violation of any Environmental Law. (b) which ereat~s an Environmental
<br />Condition, or (c) which. due to the presence, use, or release of a Ilal.ardous Substance, creates a condition that adversely
<br />affects the value of the ProperlY. The preceding two sentences shall not apply to the presence. use, or storage on the Property of
<br />small quantities of Hal.anlous Substances thaI are generally rl,cognil:ed to be <tppropriate to normal residential uses and to
<br />maintenance of the Property (ineluding, but not limiled to" hazardous substances in consumer products).
<br />
<br />[jO!Tower shall promptlv give Lender written notice of (a) any investigation. claim, demand, luwsuit or other action by
<br />am: goven1Jllental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
<br />I ,all' of which Borrower has actual knowledge, (b) an\ l~nvironll1ental Condition. including but not limited to, any spilling,
<br />leaking, discharge, release or threat of release of any I Ial:anlous Substance. and (c) any condition <:aused bv the presence, use
<br />
<br />NEBR,\SI":,\nSinglc Family,"Fanni~ l\1al'iFI'l'<I<1i~ !\lac \INIFORl\IINSTlH II\1ENT
<br />1\IIIdin.-d FOI' VA
<br />'E::-' 3:;8,2 P"gc 10 of 12
<br />
<br />Fnrlll 3028 I/OI
<br />
|