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<br />200809302 <br /> <br />(d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property <br />and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this <br />Security Instrument, shall continue unchanged. Lender may require that Borrower pay such <br />reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; <br />(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such <br />check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or <br />entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and <br />obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this <br />right to reinstate shall not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial <br />interest in the Note (together with this Security Instrument) can be sold one or more times without prior <br />notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that <br />collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage <br />loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also <br />might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of <br />the 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 RESP A 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 loan <br />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 <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either <br />an 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 gi ven in compliance with the requirements of Section 15) of such alleged breach and afforded <br />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 <br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to <br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective <br />action provisions of this 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 <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 is <br />located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes <br />any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an <br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an <br />Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower <br />shall not 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 /> <br />NEBRASKA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3028 I/OI <br />Pagel3ofl7 .. ~A <br />Iml1als: D <br />-' <br /> <br />fmf4 <br />