|
2oo9oso37
<br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall rxal
<br />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 parfial interest in
<br />We Note (together wish this Security Imtnunent) can be sold one or more times without prior notice to
<br />Borrower. A sale night result in a change in the entity (known as the "Gran Servicer") Wat collects
<br />Periodic Payments due antler the Note and this Security Instrument and performs older mortgage loan
<br />servicing obligations under the Note, this Security Ir~trunrent, and Applicable Law. There also might be
<br />one or mare changes of the Loan Servicer unrelated to a sale of the Note. If Were is a change of the Loan
<br />Servicer, Borrower will be given written notice of We change which will state We name and address of the
<br />new Loam Servicer, the address io which payments should be made and any other information RESPA
<br />requires in connection wild a notice of transfer of servicing. I[ We Note is sold acrd Wereafter We Loan is
<br />serviced by a Loan Servicer other than the purchaser of We Note, the mortgage loan servicing obligations
<br />to Borrower will remain wild We Loan Servicer or be trar>sferred io a successor Loan Servicer and are not
<br />assumed by We Note purchaser unless otherwise provided by We Note purchaser.
<br />Neither Borrower nor Lender may conunence, join, or be joined to any judicial action (as either an
<br />individual litigant or We member of a class) that arises from We other panty's actions pursuant to this
<br />Security Instrument or that alleges tlrat We older party has breached any provision ot', or awry duty owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (wild such
<br />notice given in compliance wild We requirements of Section 15) of such alleged brearctr and afforded the
<br />other party hereto a reasonable period after the giving of such notice to tale: corrective action If
<br />Applicable I,aw providGS a time period which must elapse before Certain action can be taken, Ihal lime
<br />period will be deemed io be reasonable Cor purposes of this paragraph. The notice of acceleration and
<br />opporiuriiy to cure given to Borrower pursuant to Section 22 and We notice of acceleration given to
<br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opporturity tar take corrective
<br />action provision of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Ilmardous Substances" arc thane
<br />substances defined aAS toxic or hazardous substances, pollutants, or wastes by Environmental i.aw aril the
<br />Following subs~rrc~: gasoline, kerosene, other flamm~able or txrxic pelroleunr products, toxic pesticides
<br />and herbicides, volatile solvent, materials coniainirrg asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where We Property is located that
<br />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
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
<br />Clearnrp.
<br />Borrower shall not cause or permit We presence, use, disposal, storage, or release of any Iazardous
<br />Subsiarrces, or threaten m release any Ilazandous Substances, on or in We Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting We Property (a) that is in violation of any Envimnnrental
<br />Law, (b) which creates an Environmerual Condition, or (c) which, due to We presence, use, or release of a
<br />Hazardous Substance, creates a condition Wat adversely affects the value of We Property. The preceding
<br />two sentences shall not apply to the presence, use, or storage on We Property of small quantities of
<br />hazardous Substances Wat are generally recognized to be appropriate to normal residential uses aril tv
<br />maintenance of the Property (including, but not limited to, hazardous substances in cor>SSUmer products).
<br />Borrower shall promptly give LentMr written notice of (a) any investigation, claim, demand, lawsuit
<br />or older action by any goverrunental or regulatory agency or private party involving We Property and any
<br />hazardous Subsbrrx:e or Envutrnmenial Law oP which Borrower has arctual knowledge, (b) any
<br />Environmental Condition, including but not limited to, aury spilling, leaking, discharge, release or Wreat of
<br />release of aury Hazardous Substarrn:c, and (c) any condition caused by the preserx:e, use or release of a
<br />Hazardous Substance which adversely affects We value of the Yrvperty. If Bar,,ro~~wcr learns, or is notified
<br />~CitiMorigage 3.2.23.04 V5
<br />NEBRASKA -Single Famlty -Fannie Mae/Freddle Mac UNIFORM INSTRLIMEIVT ~/~
<br />-e(N~ (O&11) Page 12 0115 imams: ~-~_ Form 3028 1/D1
<br />
|