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2011Q098ti
<br />address of the new Loan Servicer, the address to which payments should be made and any other information RESPA
<br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
<br />Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will rernain with
<br />the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
<br />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 or
<br />the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that
<br />the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower
<br />or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such
<br />alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective
<br />action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period
<br />will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opporiunity to cure given
<br />to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective 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,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
<br />of the jurisdiction where the Property is located that relate to health, safety or environxnental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environxnental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten
<br />to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
<br />affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition,
<br />or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the
<br />value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Properiy of
<br />small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and
<br />to maintenance of the Property (including, but not limited to, hazardous substances in consumer 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 involving the Property and any Hazardous Substance or
<br />Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
<br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused
<br />by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower
<br />learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation
<br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
<br />actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental
<br />Cleanup.
<br />Non-Uniform Covenants. Borrower and Lender further covenant and agree as follows:
<br />22. ACCeleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section
<br />18 unless Applicable Law provides ,otherwise). The notice shall specify: (a) the default; (b) the action required
<br />to cure the default; (c) a date, not less than 30 days from the date the notice is given to Barrower, by which
<br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the
<br />nofice may result in acceleration of the sums secured by this Security Instrument and sale of the Property.
<br />The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring
<br />a court action to assert the non-ezistence of a default or any other defense of Borrower to acceleration and
<br />HCFG-00359
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP�
<br />Wolters KluwerFinancial Services 201101274.0.0.0.4002-J20100902Y
<br />Form 3028 1/01
<br />Page 11 ot 12
<br />'3166011 16'
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