|
201101420
<br />collects Periodic Payments due under the Note and this Security lnstrument and performs other mortgage
<br />loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might
<br />be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
<br />Loan Servicer, Borrower will be given written notice of the change which will state the name and address
<br />of the new Loan Service�, the address to which payments should be made and any other information
<br />RESPA requires in connection with a no#ice of transfer of servicing. If the Note is soid and thereafter the
<br />Loan is serviced by a Loan Senricer other than the purchaser of the Note, the mortgage Iean servicing
<br />obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer
<br />and are not assumed by the Note purchaser uniess otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, jan, or be joined to any judicial action (as either an
<br />individual lifigant or the member of a class) that arises from the other party's actions pursuant to this
<br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed
<br />by reason of, this Security Instrument, until such Bo►rower or Lender has notified the other party (with
<br />such notice given in compliance wiih the requirements of Section 95) of such alleged breach and afforded
<br />the other party hereto a reasonable period after the giving of such notice to take corrective action. tf
<br />App{icable Law provides a time period which must elapse before certain action can be taken, that time
<br />period witl be deemed to be reasonable for purposes of this paragraph. The nofice of acceleration and
<br />opportunity to cure given to Sorrower pursuan# #o Section 22 and the notice af acceleration given to
<br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br />actior� provisions of this Sectiora 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
<br />the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pestiades and hert�icides, vaiatile solvents, materials cor�tair�ing asbestos or fomialdehyde, and
<br />radioactive materials; (b) "Environmental LavW' means federal laws and laws of the jurisdiction where the
<br />Property is {ocated that reiate to health, safety or envirortrr�ental protection; (c) "Environmental Cleanup"
<br />includes any response action, remedial action, or removal action, as defined in �nvironmental Law; and
<br />(d) an "Environmental Condition° means a condition that can cause, contribute to, or othen�vise trigger an
<br />Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposat, storage, or release of any
<br />Hazardous Substances, or threa#en to release any Hazardous Substances, on or in the Property.
<br />Bortower shall not do, nor allow anyone else to do, anyfhing affecting the Property (a) that is in viotation of
<br />any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence,
<br />use, or release of a Hazardous Substance, r,�eates a condition that adversely affects the value of the
<br />Property. The preceding Mro sentences shall not apply to the presence, use, or storage on the Property
<br />o# small quantifies of Hazardous Substances that are generaNy recognized to E�e appropriate to nortnai
<br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances
<br />in consurr�er products).
<br />Borrower shall promptly give Lender written nofiice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any govemmental or reguiatory agency or private party involving the Property and any
<br />Hazardous 5ubstance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Erivironmerrtal Condition, including but nat fim'rted to, any spilling, leaking, discharge, re{ease or threat of
<br />release af any Hazardous Substance, and (c� any cor►dition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the vatue of �e Property. if Borrower leams, or is notified
<br />by any govemmental or regulatory authority, or any private party, that any removal or other remediation of
<br />any Hazardous Substance affecting the Property is necessary, Borrower shalt promptly take all necessary
<br />remediai actions in accoManc;e with Errvironmental Law. Nothing fierein shali create any obligation on
<br />Lender fo� an Environmental Cleanup.
<br />I
<br />��
<br />I
<br />� 3 O O O 1 4 4 2 8 5*
<br />NEBRASKA--Si�le Family-Fannie MaelFreddie Mac UNiFORM INSi'RUMENT
<br />No�tgape Cadence, LlC � 3027 02lO6
<br />, �
<br />�
<br />* M C M D O T*
<br />For�n 3028 1/01 (page 12 of ?4 pagesl
<br />
|