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200904079 <br />shall remain fully cficetive as zl nn acceleration had occurred. 1-Iowev~r, this right to reinstate s}tall not <br />apply in the case oi' acceleration under Section 1 K. <br />20. Sale of Notc; C.laange of Loan Servicer; Notice of Grievance. The Nate or a partial interest in <br />the Note (toget}ter with this Security Instrutnertt} 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 1'ayrttents due under the Nate and this Security .Instrument and performs other mortgage loan <br />servicing obligations under the Note. this Securit}' Instrument, and Applicable Law. There also might be <br />one or more changes of the Loart Servicer unrelated to a sale. of the Note. if there is a change of the I.~oan <br />Servicer, Borrower will be givezt written notice of the change which will state the ztatne and address oi'thc <br />new Loan Servicer.. the address to which payments should be made and any othez° information RESPA <br />requires in connection with a notice of trartsfez- of servicing. if the Note is sold and thereafter the Loan is <br />serviced by a. Loan Servicer other than the purchaser of the Note, the mort~7age loan servicing obligations <br />in Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not <br />assumed by the Note pure}taser unless otherwise provided by the Note purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (tzs either an <br />individual litigant or tkte member of a class) that arises from the otter part}'s actions pursuant to this <br />Security Instrument or that alleges that the other party has breached arty provision of; or any duty owed by <br />reason of, this Security Instrument, until such Eorrower or Lender has notified the other party (with such <br />notice given i.n contpliartce with the requirements of Section 1~} of such alleged breach and aiTorded the <br />ether party hereto a reasonable pez~iod after the giving of such notice to take corrective action. If <br />Applicable Law provides a tune 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 2? and the notice of acceleration given to <br />Borrower pursuant to Section 18 shawl be deezned to satisfy the notice and opportunity to take corrective <br />action provisions o}'this Section 20. <br />21. Iazardous Substances. As used in this Section 21: (a) "Iazardous Substances°' are tltose <br />substances defizted as toxic or har~rdous substances, pollutants, or wastes by Invironmental Law and the <br />following; substances: gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solveztts, materials conCainin~* asbestos or formaldehyde, and radioactive materials; <br />(b) "Environmental I-.aw" zneans federal laws and laws of the ,jurisdiction where t}te Property is located tl2at <br />relate to health, safety or environmezttal protection; (c) "Environmental C;leantrp" includes azty response <br />action.. remedial action, or removal action, as detined in Environmenrtal Law; and (d) an "Envircntme~ttal <br />Condition" means a condition that can cause, contribute: to, or otherwise trigge-r an Environmental <br />Cleanup. <br />Borrower shall not cause or permit the presence. use, disposal, storage, or release of any Hvardous <br />Substances, or threaten to release any Hazardvus Substances, on or in the Property. Borrower shall not do, <br />nor allow anyone else to do, aztytlting affecting the Property (a) that is in violation of any I-;nvironmcntal <br />I,aw, (b} which creates an Environmental Condition, or (c} which, due to the presence. use, or release of a <br />Hazardous Substance, creates a condition that adversely affects the; value of the Property. The preceding <br />two sentences shall not apply to the presence, use.. or storage on the Property of srnail quantities of <br />Hazardous Substances that are ge-nerally recognized to be appropriate to normal residential uses and to <br />maintenance of the Propert} (including, but not limited to, hazardous substances in consumer products}. <br />Borrower shall prozttptly give I-,ender written notice of (a} any investigation, claim, demand, lawsuit <br />or other action by any governmental or regulatory agency or private party involving the Property and any <br />hazardous Substance or }~nvironmcntal Law of vrr}ticlt Borrower has actual knowledge, (b) any <br />Environmental 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 the presence, use or release of a <br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified <br />230532 <br />NEBRASKA -Single Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT <br />-6(NE) ioa~~~ Page i2 or ~s ini!iais •~ __ Form 3028 1101 <br />CU <br />