|
<br />
<br />
<br /> 201007225
<br />
<br />
<br /> as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
<br /> check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
<br /> instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br /> Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
<br /> However, this 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 interest in the
<br /> Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
<br /> A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
<br /> due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
<br /> the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the
<br /> Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
<br /> given written notice of the change which will state the name and address of the new Loan Servicer, the address
<br /> 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
<br /> purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
<br /> or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
<br /> provided by the Note purchaser.
<br /> Neither Borrower nor Lender 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 Security
<br /> Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
<br /> this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
<br /> compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
<br /> reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
<br /> period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
<br /> 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
<br /> satisfy the notice and opportunity to take corrective action provisions of this Section 20.
<br /> 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
<br /> defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
<br /> substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
<br /> volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
<br /> Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
<br /> or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
<br /> removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
<br /> 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 Hazardous
<br /> Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
<br /> nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law,
<br /> (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 two
<br /> sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br /> Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
<br /> 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
<br /> other action by any governmental or regulatory agency or private party involving the Property and any
<br /> Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
<br /> Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
<br /> Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
<br /> which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br /> regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
<br /> affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
<br /> with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental
<br /> Cleanup.
<br /> NEBRASKA- Single Family - Fannie Mae/FreddieMac UNIFORM INSTRUMENT
<br /> Form 30281/01
<br /> Laser Forms Inc. (800) 446-3555 /
<br /> LFI#F MA3028 4102 Pagel1 of 13 Initials: W
<br />
|