|
201102��0
<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 />_ --= _� :_ _ __ _
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individuallitigant or
<br />the member of a class) that arises from the other party's acrions 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 parly (with such notice given in compliance with the requirements of Section 15) of such
<br />alleged breach and afforded the other parfy 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 opporlunity to cure given
<br />to Borrower pursuant to 5ection 22 and the notice of acceleration given to Borrower pursuant to Secrion 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 />contairung 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 environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environtnental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribnte 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 Substa.nces, on or in the Property. Bortower 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 retease 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 pariy involving the Property and any Hazardous Substance or
<br />Environmental Law of which B orrower 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 pariy, that any removal or other remediation
<br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
<br />aciions 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 Borrower, by which
<br />the default must be cured; and (d) that failure to cure the defanit on or before the date specified in the
<br />notice 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 />sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require
<br />immediate payment in full of all sums secured by this Security Instrument without further demand and may
<br />invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to
<br />HCFG-00359
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP�
<br />Wolters Kluwer Financial Services 20 7 7 03144.0.0.0.4002-J20100902Y
<br />Form 3028 1/01
<br />Page 11 of 13
<br />`10430511216
<br />�'���
<br />.
<br />�� .
<br />��� �.ti,wr . �...::, . .,t._w .t3��.�3N:it,%�9e4••,• h ��._��.i.;. _ +�_.:.�= � �'..r: ,.;..; ':'_ —. . .... . . .... _ .. .._-a � _._-. _ ' _ . __ _ _" . ... . _
<br />
|