|
201009789
<br />shall rernain frxlly effective as if no acceleracion had occurred. However, this right to reinstate shall not
<br />apply in the case of accelexation under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
<br />the Note (together wiCh this Security Instrument) can be sold one or mare times without prior notice ta
<br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
<br />Pexiodic Payments due under the Note and this Security Instrurnent and performs other mortgage laan
<br />servicing obligations under the Note, chis Securiry Instrument, and Applicable Law. There also rnight be
<br />one oar more changes of the Laan Servicer unrelated to a sale of the Note. If there is a change of the Laan
<br />Servicer, Borrawer will be given writcen notica of the change which will state the nanne 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 noCice of transfer of servicing. If the Note is sold and thereafter the Loan is
<br />serviced by a Loan. Servicer other tha�n the purchaser of the Note, the martgage loan servicing obligations
<br />to Borrower will remain with th� L.oan Servicer or be transferred to a successor L,oan Servicer and are nat
<br />assurned by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may cornmence, 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
<br />Security Instniment ar that alleges that the other party has breached any provision af, or any duty owed by
<br />reason of, this Security instrument, until such Borrower or I..ender has noti�ed the ather party (with such
<br />notice given in connpliance with the requirements of Section 15) of such alleged breach and afforded Che
<br />other party hereto a reasanable period after the giving of such natice to take correcCive accion. If
<br />Applicable Lavv provides a time period which must elapse before certain action can be taken, that tirne
<br />period wilt be d� to be reasonable far purpases of this paragraph. The notice of acceleration and
<br />oppomuuty ta cure given to Borrovver pursuant to Section 22 and the notice of acceleration given to
<br />Borrower pursuant to Section 18 shall be deerned to satisfy the notice and opportunity to take corrective
<br />action provisions of this Section 2Q.
<br />21. IIazardous Su�tances. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or haaardous substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, ather flanutzable ot' toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or fortnaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is lacated that
<br />relate to health, sa.fety or enviranmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, ar remaval action, as de�ne� in Environmental Law; and (d) an "Environmentat
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
<br />Cleanup.
<br />Borrower sha1I not cause or petmit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardaus 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 Envimnmental
<br />Law, (b) which creates an Environrnental Condition, or (c) which, due to the presence, use, ar 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 Che Prop�rty of small quantities of
<br />Hazardous Substances that are generally recognized to be appropxiate ta narmal residential uses and to
<br />maintenance of the Property (including, but not lirnited to, hazardous substances in consumer products).
<br />Barrower 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 Praperty and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual kxxowledge, (b) at�y
<br />Enviranmental Condition, including but not limitetl to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardaus Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
<br />NEBRASKA - Single Family - Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT
<br />�-6�NE) loei tJ Page 12 of 15 �nitia�s: Form 3028 1/01
<br />�
<br />� `'r 9 � � ` '
<br />�
<br />.
<br />
|