201iU3���
<br />the Loan Servicer or be transferted 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 a.ction (as either an individual litiga.nt 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 Inshument, until such Bonower
<br />or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such
<br />alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to ta.ke conective
<br />action. If Applicable Law provides a time period which must elapse before certain action can be taken, tha.t time period
<br />will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration a.nd opporlunity to cure given
<br />to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 sha11 be
<br />deemed to satisfy the notice and opportunity to ta.ke 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 substa.nces, pollutants, or wastes by Environmenta.l 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) "Environmenta.l Law" means federal laws and laws
<br />of the jurisdiction where the Properly is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial achon, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise lrigger 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 />a.ffecting 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 tha.t adversely affects the
<br />value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of
<br />small qua.ntities 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 product�).
<br />Borrower sha.11 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, lealdng, discha.rge, release or threat of release of any Hazardous Substa.nce, and (c) any condition caused
<br />by the presence, use or release of a Hazardous Substa.nce which adversely affects the value of the Property. If Borrower
<br />learns, or is notified by any governmental or regulatory authority, or any private parly, that any removal or other remediation
<br />of any Hazardous Substance affecting the Properly is necessary, Bortower shall 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 Lend�r further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give nofice to Borrower prior to acceleration follo�ving Borrower's
<br />breach of any coven�nt 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 cnre 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 tlus Security Instrument and sale of the Property.
<br />The notice ahall further inform Borrower of the right to reinstate after scceler�tion and the right to bring
<br />a court action to assert fhe 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 apecified in the notice, Lender at its option may require
<br />immediate payment in full of all sums secured by t}us 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 Femity-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
<br />VMP�
<br />Wolteia Kluwer Firrerxial Services 201104254.�.0.0.4002J20100902Y
<br />Form 3028 1/01
<br />Page 11 of 13
<br />11
<br />
|