|
201009198
<br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
<br />apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change af Loan Servicer; Notice of Grievance. The Note or a partial interest in
<br />the Note (together with this Security Instrument) can be sold one or mare tirnes without prior notice to
<br />Borrower. A sale rnight result in a change in the entity (lrnown as the "Loan Servicer") that collects
<br />Periodic Payments due under the Note and this Security Instrurnent and performs other mortgage loan
<br />servicing obligations under the Note, this Security Instrument, and Applicable Law. 'I'here a�so might be
<br />one or more changes of the I.,oan 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
<br />new L,aan Servicer, the address to which payaments should be made and any other infarmation 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 loa�n servicing abligations
<br />to Borrower will remain with the Loan Servicer or be transferred to a successor I,oan Servicer and are not
<br />assumed by the Note puxchaser unless otherwise provided by the Note purchaser.
<br />Neither Barrow�r nar L.cnder may commence, join, or be joined to any judicial action (as either an
<br />individual litigant or the mernber of a class) that arises from the other party's actians pursuant ta this
<br />Security Instrument or that alleges that the other party has breached any pravision of, or any duty owed by
<br />reason of, this Security Instrument, until such Barrawer or Lender has notified the other party (with such
<br />notice given in campliance with the requirements of Section 15) of such alleged breach and afforded the
<br />other party hereta a reasanable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time period which must elapse befare certain action can be taken, that time
<br />period will be deemed ta be reasonable for purposes of this paragraph. The natice of acceleratian and
<br />opportunity 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 satis�y the notice and opportunity to take corrective
<br />action provisions of this Section 20.
<br />21. Hazardous 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 petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the I'roperty is located that
<br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, ar removal actian, as de�ned in Environrnental Law; and (d) an "Environrnental
<br />Conditian" means a condition that can cause, contribute to, or otherwise trigger an Environmental
<br />Cleanup.
<br />Barrower shall not cause ar 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 da, anything affecting the Property (a) that is in vialation of any Environrnental
<br />Law, (b) which creates an Environmental Condition, ar (c) which, due to the presence, use, or release of a
<br />Hazardaus SubsCance, 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 Property of srnall quantities of
<br />Hazaxdous Substances that are generally recognized to be appropriate ta narmal residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrowex sha11 promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any governmental or regulatory agency or private paxty involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knawledge, (b) any
<br />Environn�ental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release af a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
<br />NEBRASKA - Single Family - Fannia Mae/Fraddie Mac UNIFORM INSTRUMENT
<br />�-B�NE) loat t � Peaa � z or i 5 in�t�ais: Form 3028 1/01
<br />���"
<br />1 l
<br />�-t '�?o�� f ,��-.
<br />
|