|
�oilo�s�o
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property
<br />and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,
<br />shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the
<br />following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
<br />check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
<br />or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured
<br />hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case
<br />of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together
<br />with this Security lnstrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change
<br />in the entity (known as the "Loan Servicer") that collects Periodic Payinents due under the Note and this Security Instrument
<br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Appiicable Law. There
<br />also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
<br />Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the
<br />address to which payments should be made and any other information RESPA requires in connection with a notice of transfer
<br />of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,
<br />the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan
<br />Servicer and are not assumed by the Note purchaser unless 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 the other
<br />party has breached any provision of, ar any duty owed by reason ot; this Security Instrument, until such Borrower or Lender has
<br />notified the other pariy (with such notice given in compliance with the requirements of Section 15) of such alleged breach and
<br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law
<br />provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
<br />for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and
<br />the notice of acceleration given to Sorrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take
<br />corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 2L• (a) "Hazardous Substances" are those substances de�ned as
<br />toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
<br />other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
<br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a
<br />condition that can cause, contribute to, or otherwise trigger an Environmental 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, or
<br />(c) which, due to the presence, use, or release of a H�uardous Substance, creates a condition that adversely affects the value of
<br />the Property. The preceding two sentences shalt not apply to the presence, use, or storage on the Property of small quantities
<br />of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the
<br />Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall prornptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
<br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
<br />of which Borrower has actual knowledge, (b) any Environmental Condition, inciuding but not limited to, any spilling, leaking,
<br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of
<br />a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental
<br />or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
<br />Nothing herein shall create 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. l,ender shalt give notice to Borrower prior to acceleration following Borrower's breach
<br />of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable
<br />NEBRASKA—Single Family—Fannie Mae/Freddie Mac UMFORM INSTRUMENT Form 3028 1/Ol
<br />NEBRASKA-MERS GreatDOCS�
<br />ITEM 2698L10 (1019Q9) (Page 10 of 13)
<br />
|