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201100379 <br />1111056962 <br />in ihe entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Sc�curity lnstrument <br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There <br />also might be one or more changes of the Loan Serviccr unrelated to a sale of the Note. If ther� is a change of the Loan <br />Servicer, Borrower will be given writtcn notice of the change which will statc the name and address of the new Loan Servicer, <br />the address to which p�yments should be made and any other information R�SPA requires in connection with a notice af <br />transfer of servicing. lf the Note is sold and thereafter the Loan is s�rviced by a Laan Servicer other than the purchascr of the <br />Notc, the mortgage loan servicing obligations ca f3orrowcr will remain with the Loan Servicer or bc transferred to a successor <br />I.oan Servicer and arc not assumed by the Nate purchaser unless otherwisc provided by the Note purchaser. <br />Neither Borrower nor I,ender may commencc, join, or be jained to any judicial action (as cither 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 lnstrument, until such Borrower or <br />Lender has notificd thc othcr party (with such notice given in compliance with the requirements of Section I S) of such alle�ed <br />breach and affarded the other party hereto a reasonablc period after the giving of such notice to take corrective aciion. lf <br />Applicable Law provides a time period which must elapse before ccrtain action can be taken, ihat time period will be deerned <br />to be rcasonable far purposes of this paragraph. The notice of acceleration and opportunity to cure given to �orrower pursuant <br />to Section 22 and the notice of acceleration given to $onower pursuant ta Section 18 shall be dccmcd to satisfy the notice and <br />opportunity to take corrective action provisions of this 5ectian 20. <br />21. Hacardous Substances. As used in this Section 21: (a) "Hazardous Substances" arc thosc substances defined as <br />toxic or hazardous substances, pollutants, or wastcs by Environmental Law and thc following substances: gasolinc, kerosenc, <br />other (lammable or toxic pctroleum products, toxic pesticides and herbicides, volatile solvents, matcrials cantaining asbestos or <br />formaldehyde, and radioactive materials; (b) "�nvironmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environm�ntal Cleanup" includes any responsc <br />action, remedial action, or removal action, as detined in Environmental Law; and (d) an "Enviromncntal Condition" means a <br />condition that can cause, cantribute to, or otherwise trigger fln Environmental Clcanup. <br />$orrower shall not cause or permit the presence, usc, dispasal, storage, or rel�asc of any Hazardous Substances, or <br />thrcatcn to rclease any Hazardous Substances, on or in the Aroperty. l3orrower shall not do, nor 111ow anyone clse to do, <br />anything affecting the Property (a) that is in violafion of any Envirqnmenfal Law, (b) which creates an Fnvironmental <br />Condition, or (c) which, due to the presence, use, or rcicase of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentene�s shall not apply to the presene�, use, or storage on the Property of <br />small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in c�nsumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by <br />any governmcntal ar regulatory agency or privatc party involving the Property and any Hazardous Substance or �nvironmental <br />Law of which Borr�wcr has actual knowled�e, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, relcase or thrcat of release of any Hazardous Substance, and (c) any condition caused by the presence, usc <br />or release of a Hazardous Substance which adverscly affects the value of the Property. lf Borrower learns, or is noti�ed by any <br />governmental or rcgulatory authority, or Any private party, that any removal or other remcdiation of any Ha�ardous Substance <br />affccting the Property is necessary, T3orrower shall promptly take all necessary remedial actions in accordance with <br />Environmental Law. Nothing herein shall creace any obligation on Lender for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br />22. Acceleration; Remedies. I,ender shall give notice to Borrower prior to acceleration following Sorrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless <br />Applicable Caaw provides otherwise). The notice shall specify: (a) the default; (b) the actiun required to cure the def'ault; <br />(c) a date, not Icss than 30 days from the date the notice is given to Borrower, by which the default must bc cured; and <br />(d) that failure ta cure the default on or before the date speci�ed in the notice may result in acceleration of'the sums <br />securcd by this Security [nstrument and salc of the 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 af a default or any other <br />defense of Borrower to acceleration and sale. if" the default is not cured on or before the date speci�ed in the notice, <br />I,ender at its option may require immediate puyment in full of all sums secured by this Security lnstrument without <br />further demand and may invoke the power af sale and any uther remedies permitted by Applicable Law. Lender shall <br />NEBRASKA--Singlc Paniily--Fannie Mae/Freddie Mac UNIFORM INSTRUMN;N'1' <br />� 338.2 Page 10 nf 12 Form 3028 1/01 <br />