|
20�008945
<br />io�s�ea3
<br />in the entity (known as the "Loan Servicer") that collecis Periodic Payments due under the Note and this Security Instrument
<br />and perfo;ms other mortgage loan servicing obligatians under the Note, this Security Instrument, and Applicable Law. There
<br />also might be ane dr more changes of thc Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />5ervicer, 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 shvuld be made and any oth�r information RESPA requires in connection with a notice of
<br />transfer of servicing. If the Note is sold and thereafter the Loan is servic�d by a Loan Serviccr other than the purchaser of the
<br />Note, the martgage loan servicing obligations to Borrowe�r will remain with the Loan Servicer or be transferred to a successor
<br />Loan Servicer and are not assumed by the Npte purchaser unless otherwise pravided by the Note purchaser.
<br />Neither Borrower nor T,ender may. commence, join, ar be joined to any judicial action (as eithsr 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 owed by reason of, this Security Instrument, until such Borrower nr
<br />Lender has ndti�ed the ather party (with such noticc given in compliance with the requirements nf Section 15) of such alleged
<br />breach and affarded the ather party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time periqd which rnust elapse befpre certain action can 6e taken, that time period will be deemed
<br />to be reasonable for purposes of this paragraph. 'I'he notice of acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 e.nd the notice of acceleratiqn .given to Borrower pursu�snt to Section 18 shal! be deemed to satisfy the notice and
<br />opportunity ta take correctiva action provisions of this Section 20.
<br />21. Hazardous Substance�. As used in this Section 2l: (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 #1am,mable ar toxic petroleum products, toxic pesticides and herbicides, volatil� snlvents, materials containing asbestps or
<br />farmaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of ths jurisdiction where the
<br />Properry is located that relate ta health, safety or environmental protection; (c) "Enviranmental Cleanup" includes any respvnse
<br />actian, remedial action, or removal action, as de�ned in Environrnental �aw; and (d) an "Environrnental Condition" means a
<br />conditian that can oausc, contributc to, or otherwise trigger an Environmental Cleanup.
<br />Bnrrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardqus Substa,nces, or
<br />threaten ta release any Hazardous Substances, on or in the Property. Borrower shall nat do, nor allnw anyone else to do,
<br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Envirqnmental
<br />Candition, or (c) which, due to the presence, use, ar release of a Hazardous Substance, creates a condition that adversely
<br />affec�s the value of the Praperty. The preceding two sentences shall not apply to the presence, use, or staragc on the Property of
<br />small quantities of Hazardous Substances that are generally recagnized to be appropriate to normal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardaus substances in consuaner 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 invnlving thc Property and any Hazardaus Substance or Environmental
<br />Law oF which Borrower has actual knowledgs, (b) any Environmental Condition, including but not lirnited to, any spilling,
<br />leaking, discharge, rclease or threat of releasc of any Hazardous Substance, and (c) any condition caused by the presence, use
<br />or relcase nf a Hazardous Substance which adversely affects the value of the Prpperty. If Borrower learns, or is notified by any
<br />govemmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
<br />affecting the Froperty is necessary, Borrower shall promptly take all necessary remedial actions in accordancc with
<br />Environmental Law. Nothing herein shall creatc any obligatian on Lender for an Environmental Cleanup,
<br />NON-UNIFORM COVENANTS. Borrower and Lender furkher covenant azid agree as .follows:
<br />22. Acceleration; Remedles. I.ender shall give natice to Borrower prfor fo acceleration followin� �orrower's
<br />breach of any cavenant or agreemeet in this Securlty Instrument (but not prior to acceleratinn under Secrion 18 unless
<br />Applicable Law provides otherwise). The notice �hall.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 whlch the default must be cured; and
<br />(d) that failnre tp cure the default on or before the date specifled in the notice may result fn acceleration of the sntns
<br />secured by thls Security instrument and aale of the Property. T4e notice ghall further inform Borro�ver pf the right to
<br />reinat�te after acceleration and the right to bring a court actlon to aasert the non-existence of a default or any other
<br />det'euse of Barrower to acceleratian and sale. if the default !s not enred on or before the date specitied in the noNce,
<br />Lende'r at ita� option may requlre immediate psyment in full of all sums secured by thi� Security Instrument without
<br />further demand and may fnvoke the power of sale and any other remedie� permitted by Applicable Law. Lender shall
<br />NEBRASKA-5inglc Pamily—Fannie M�e/Freddie M�c UNIFQRM 1NSTRUM�NT
<br />� 338.2 Page 10 of 12
<br />� " �.
<br />� ' C ���
<br />Form 3028 l/Ol
<br />
|