|
201102638
<br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
<br />apply in the case of acceleration under Section 18.
<br />20. Sale of Note; Change of Loan 5ervicer; Notice of Grievance. The Note or a partial interest in
<br />the Note (together with this Security Instrument) can be sold one or more times without prior notice to
<br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
<br />Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
<br />servicing obligations under the Note, this Security Instrument, and Applicable Law. T'here also might be
<br />one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, Bonower will be given written notice of the change which will state the name and address of the
<br />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
<br />serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicirig obligations
<br />to Borrower will remain with the Loan Servicer or be transfened to a successor Loan Servicer and are not
<br />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
<br />individual litigant 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 pmvision of, or any duty owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
<br />notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
<br />other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicabie Law pmvides a tirne period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonabie for purposes of this paragraph. The notice of acceleration and
<br />opportunity to eure given to Borrower pursuant to Secrion 22 and the notice of acceleration given to
<br />Borrower pursuant to Section 18 stiatl be deemed to sarisfy the uorice and opportunity to take corrective
<br />action provisions of this Section 2Q.
<br />21. Hazardous Svbstanc�s. As used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardovs substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flamxnable or toxic petroleum products, toxic pesticides
<br />and herbicides, voIatile soIvents, materials containing asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federai Iaws and taws of the jurisdiction where the Property is located that
<br />relate to heaith, safety or environniental pmtecrion; (c) "Envirornnental Cleanup" includes any response
<br />action, remedial action, or removai action, as defined in Environmental Law; and (d) an"Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
<br />Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
<br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
<br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
<br />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 consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower tearns, or is notified
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />�-61NE) losi i1 Page 12 of 15 �nitials: Form 3028 1/01
<br />m
<br />� •� • � . ����
<br />�
<br />
|