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��i1���44 <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 remain 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 sueh <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 opportunity 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) "Environxnental Law" means federal laws and laws <br />of the jurisdiction where the Property is located that relate to health, safety or erivironmental 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 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 Properiy. 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 Properly 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 Properly is necessary, Borrower sha11 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 co�enant 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 default 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 />HCFG-00359 <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT <br />VMP� <br />Wolters Kluwer Financial Servicea 201104084.0.0.0.4002-J20100902Y <br />Form 3026 1/01 <br />Page 11 of 13 <br />'1 6611 <br />��� <br />� <br />