|
201�0305�
<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 Servicer; Notice of Crievance. The Note or a partial interest in
<br />the Note (together with this Security Instrument) can be sold one or more tunes without prior notice to
<br />Bonower. A sale might result in a change in the entity (known as the "Loan 5ervicer") that collects
<br />Periodic Payments due under the Note and this Security Insmiment and performs other mortgage loan
<br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
<br />ane or more changes of the Loan Servicer unrelated to a sale of the Note, If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state the name and address of the
<br />new Loatx Servicer, the address to which payments should he made and any other inforniation RESPA
<br />requires in conn�tion 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 servicing obligations
<br />to Borrower will remain with the Loan Servicer or be transferred 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 ta any jucticial acrion (as either an
<br />individual litigant or the member of a class) that arises from tl�e other party's acrions pursuant to this
<br />Security Instr�ment or that alleges that the other party tsas breache,d any provision of, or aity duty owed by
<br />reason of, ttcis Security Instrument, untiI such Borrower or Leuder has notifi� the other party (with such
<br />noCice given in campliance with the requirements of Section IS) of such alleged breach and afforded the
<br />other party h�reto a reasanable period after the giving of such notice to take conecrive action. If
<br />Apglic�l� Law pravides a time period which must eIapse before certain action can t�e taken, that time
<br />period �rilt tx d�med to be reasanable for purposes of this paragr$ph. The notice of accelerarion and
<br />opportucuty ta cure given to Borreswer pursuant ta Se,�tion 22 and the natice of acceleration given to
<br />Borrower pur�uant to �ection 18 shall be deemed to satisfy the natice and opportunity to take corre,ctive
<br />action pmvisions af this Section 20.
<br />22. Haz�rdo�s S�bstances. As u� in this Section Zl: (a) "Hazardous Substances" are those
<br />substances defined aa toxic ar hazardous substances, pollutants, or wastes by Environmental Law and the
<br />following substances: gasoZine, kerosene, other fiammable or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile sctivents, materials containing asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmentai I.aw" means federal laws and laws of the jurisdietion where the Progeriy is located ttiat
<br />relate to health, safety or environmental protection; (c) "En�ironmental Cleanup" includes any response
<br />action, remediat action, or removal acrion, as defined in Environtnental Law; and (d) an "Environ�nental
<br />ConditioII" means a eondition that can cause, contribute to, or otherwise trigger an Ezivironmental
<br />Cleanup.
<br />Bonower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
<br />Substances, or tiireaten to release any Hazardous Substances, on or in the Property. Bonower sha11 not do,
<br />noz allow anyone else to do, anything affecting the Property (a) that is in vi,olation of any Environmental
<br />Law, (b) which eteates an Environmental Condirion, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substance, creates a condition that adversely afifects the value of the Property. The preceding
<br />two sentences shall not apply to the presence, use, or sCorage on the Property of small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate to normai residential uses and to
<br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
<br />Bortower shall promptly give L,ender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any governmental or regulatory agency or private party invalving the Property and any
<br />Hazardous Substance or Environmental Law of which Bonower has actual knowledge, (b) any
<br />Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condirion caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of Che Property. If Borrower learns, or is notified
<br />NEBRASKA - Single Family - Fannie Mae/Freddie Mac UI111FORM INSTRUMENT
<br />�-6(NE) (oa� �� Page 12 of 15 Initials:
<br />m
<br />���
<br />Form 3028 1 /01
<br />1
<br />i �'�
<br />!
<br />
|