|
200903905
<br />shall remain fully effective as if no acceleration had occurred. However, this right to reirxstate shall not
<br />apply in dxe case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
<br />the Note (together with this Security Instrument) can be sold one or more times without prior notice to
<br />Borrower. A sale nxiglxt result in a change in the entity (known as dxe "Loan Servitor") that collects
<br />Periodic Payments due under the Note and this Security Instrument and perfornxs other mortgage loan.
<br />servicing cibHgations under tlxe Note, this Security instrument, and Applicable Law. There also might be
<br />one or more clxanges of the Loan Servicer urxrelated to a sale of the Note. If dxere is a change of dxe Loan
<br />Servicer, Borrower will be givers written notice of the change which will state tlxe name and address of the
<br />new Loan Servicer, the address to which payments should be made and any other infotxnatiorx RESPA
<br />requires itx comxection with a notice of traxxsfer of servicing. If the Note is sold and thereafter the Loan is
<br />serviced by a Loan Servicer other than dxe purchaser of flee Note, dxe mortgage loan servicing obligations
<br />to Borrower will remain with the Loan Servicer cxr be transferred to a successor Loan Servicer and are not
<br />assumed by tlxe Note purchaser uriless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Leader 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 lxas breached any provision of, or any duty owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (witlx such
<br />notice given iri corxlplian.ce with die requirements of Section. 15) of such alleged breach and afforded dxe
<br />other party hereto a reasonable period after the giving of such notice to take corrective action. if
<br />Applicable Law provides a tune period wlxiclx must elapse before certain action can he taken, drat time
<br />period will. be deemed to he reasonable for purposes of this paragraph. T1xe notice of acceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and dxe 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. provisiorxs 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 Environnxerrtal Law and dxe
<br />following substances: gasoline, kerosene, other flanunable or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials alntaixxixxg asbestos or formaldehyde, and radioactive .materials;
<br />(h) "Enviromnental Law" means federal laws and laws of the jurisdiction where die Property is located that
<br />relate to health, safety or erxvirorxtxlexxtal protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or rerrroval action, as defined in Erxvirorunental Law; and (d) an "Environmental
<br />Condition" means a condition tl-at can cause, contribute to, or otherwise trigger an Enviromnental
<br />Cleanup.
<br />Borrower shall not cause or permit dxe presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, oxi or in die Property. Borrower shall not do,
<br />nor allow anyone else to do, alxything affecting the Property (a) dial is in violation of any Enviromnental
<br />Law, (b) which creates an Environmental Condition, or (c) which, due to dxe presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects dxe value of the Property. The preceding
<br />two sentences slxall not apply to the presence, use, or storage on the Property of small quantities of
<br />Hazardous Substances that are generally realgxxized to be appropriate to normal residential uses acrd to
<br />maintenance of the Property (including, but not limited to, hazardous substances in corxsurner products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any goverrxnxental or regulatory agency or private party involving dxe Property and any
<br />Hazardous Substance or Environmental Law of which Borrower leas actual knowledge, (b) any
<br />Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by tlxe presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. if Borrower learns, or is notified
<br />NEBRASKA -Single Family -Fannie Mae/Freddie Mao UNIFORM INSTRUMENT
<br />-61NE) (os1 a Page 12 of 15 iniciais: Fvrm 3028 1101
<br />
|