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201002654
<br />A51002305
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
<br />with this Security Instrarnent) can be sold one or more times without prior notice to Borrower. A sale might result in a change
<br />in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument
<br />and perfornis other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There
<br />also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,
<br />the address to which payments should be made and any other information RESPA requires in connection with a notice of
<br />transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
<br />Note, the mortgage loan 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 purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
<br />or the member of a class) that arises from the other party's actions pursuant to this Security Instr~rnent or that alleges that the
<br />other party has breached any provision of, or any duty owed by reason of, this Security lnstrnrnent, until such Borrower or
<br />Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged
<br />breach and afforded 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 period will be deemed
<br />to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 and the notice of acceleration 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 />2l. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
<br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
<br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive 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 />condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any flazardous Substances, or
<br />threaten to release any IIazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
<br />Condition, or (c) which, due to the presence, use, or release of a I-Iazardous Substance, creates a condition that adversely
<br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of
<br />small quantities of I-Iazardous Substances that are generally recognized to be appropriate to Hernial residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by
<br />any governmental or regulatory agency or private party involving the Property and any flazardous Substance or Environmental
<br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling,
<br />leaking, discharge, release or threat of release of any flazardous Substance, and (c) any condition caused by the presence, use
<br />or release of a IIazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
<br />governmental or regulatory authority, or any private party, that any removal or other remediatian of any Hazardous Substance
<br />affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />Environmental Law, Nothing herein shall create any obligation on Lender for an. Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 nnless
<br />Applicable Law provides otherwise). "Che notice shall specify: (a) the default; (b) the action required to cure the default;
<br />(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
<br />(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums
<br />secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
<br />reinstate after acceleration and the right to bring a court action to assert the non-existence of a default ar any other
<br />defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />NEBRASKA-Single Family-Fannie MaclFreddie Mac UNIFORM INSTRUMENT
<br />~ 338.2 Page lU of 12 Form 3028 tlO1
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