Laserfiche WebLink
2oioos34s <br />451017494 <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 Instrument) 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 Pcriodic Payments due under the Note and this Security Instrument <br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicabla Law. There <br />also rnight be one or more changes af 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 Nate 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 Instrument or that alleges that the <br />other party has breached any provision of, or any duty awcd by reason of, this Security Instrument, until such Borrower or <br />Lender has notified the other party (with such notice given in compliance with the requirements of Section ] 5) 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 periad which must clapse before certain action can be takan, 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 decmed to satisfy the notice and <br />opportunity to take coneotive action provisions of this Section 20. <br />21. 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 petraleum 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 />Froperty is located that relate to health, safety oc environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Candition" means a <br />conditian 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 Substances, or <br />threaten to release any Hazardous Substances, on or in the Praperty. 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 rclease of a Hazardous Suhstance, 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 Hazardous Substances that are generally recognized to be appropriate to narmal residential uses and to <br />maintenance nf the Property (including, but not limited to, hazardous substances in consumer products). <br />Bonower 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 Hazardous Substance or Environmental <br />Law of which $orrower has actual knowledge, (b) any Environtnental Condition, including but not limited to, any spilling, <br />leakin�, discharge, release or threat of release of any Hazardous Substance, and (c) any candition causad by the presence, use <br />or release of a Hazardous Substance which adversely affects thc value of the Property. If Barrower lcarns, or is notified by any <br />governmental or regulatory authority, ar any private party, that any removal or other remediation of any Hazardous Substance <br />affecting the Property is necessary, Borrower shall promptly take all nccessary remedial actions in accordance with <br />�nvironrnental Law. Nothing herein shall create any obligation on Lender for an �nvironmental Cleanup. <br />NON-LJNIFORM COVENANTS. Borrower and Lender further covenant and agree as follaws: <br />22. Acceleration; Remedies. Lender shall give notice to Barrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleratlon under Section 18 unless <br />Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action reqaired to cure thc 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 an or before the date specified fn the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of thc 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 nan-existence of a default or any other <br />defense of Borrower to acceleration and sale. Tf the default is not cured on or before the date speci�ed in the notice, <br />NEBRA►SKA--Single Family--Fannie Mae/F'reddie Mac UNIFORM INSTRUMENT <br />1� 338.2 Page 10 of 12 Form 30281/Ql <br />� <br />� / <br />