|
201007483
<br />shall remain fully effective as if no acceleration had occurred. However, thi5 right to reinstate shall nnt
<br />apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Nate or a partial interest in
<br />the Note (togetk�er with this Security Instrument) can be sold one or more times without prior notic� to
<br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
<br />Periodic Payxnents due under the Note and this Security Instrument and performs other mort�age loan
<br />servicing obligation5 under the Note, this Securiry Instrument, and Applicable I,aw. There also might be
<br />one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />5ervicer, Borrower will be given written natice of the change which will state the name and address of the
<br />new Loan Servicer, the address to which payments should be made and any other information RESPA
<br />requires in connection with a notice of transfer 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 mortgage loan servicing obligations
<br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
<br />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
<br />individual litigant or the xnernber of a class) that arises from the other party' s actions pursuant ta this
<br />Security Instrument or that alleges that the other party has breached any prpvision of, or any duty owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
<br />notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
<br />other party hereto a reasonable period after the giving of such notice ta take corrective actian. If
<br />Applicable Law provides a time 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. T'he notice of acceleration and
<br />apportunity to cure given to Borrower pursuant to Section 22 and the 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 pravisions of this Section 2p.
<br />2I. Haz�rdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleurn products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive miaterials;
<br />(b) "Enviroxunental Law" means federal laws and laws of the jurisdiction where tkte Property is located that
<br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial actian, or removal actioan, as defined in Bnvironmental Law; and (d) an "Environmental
<br />Condition" means a candition that can cause, contribute to, or otherwise trigger an Environmental
<br />Cleanup.
<br />Borrower shall not cause vr permit the presence, use, disposal, starage, or release of any Hazardous
<br />Substances, pr threaten to release any Hazardous Substances, on or in the Praperty. Borrower shall not da,
<br />nor allow anyane else to do, anything affecting the Property (a) that is in violation of any Environnaental
<br />Law, (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 Proparty of small quantities of
<br />Hazardous Substances that aa generally recognized to be appropriate to nprrnal residential uses and to
<br />maintenance of the Property (including, but not limited to, kaazardous substances in consumer products).
<br />Borrower shall promptly give Lender 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 Environmental Law of which Borrower has actual knawledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, relea5e or threat of
<br />release of any Hazardous Substance, and (c) any candition caused by the presence, use ar release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
<br />10-09-000003
<br />NEBRASKA - Single Family - Fannie MaelFreddie Mac UNI�ORM IN5TRUMENT
<br />�-6(NE) (oei�) Page 12 oi i5 mitia�s: Form 3028 1/01
<br />
|