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24�10475�
<br />the Loan Servicer or be tra,nsferred to a successor Loan Servicer and are not assumed by the Note purcha.ser 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 litigant or
<br />the member of a class) that arises from the other pariy`s actions pursuant to this Security Instrument or that alleges that
<br />the other party has breached any provisian 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 party hereto a reasonable period after the giving of such notice to ta.ke conective
<br />a.ction. If Applicable Law provides a time period which must elapse before certa.in action can be ta.ken, that time periad
<br />will be deemed to be reasonable for purposes of this paragraph. The notice of acceleratian and opporhinity to cute given
<br />to Borrower pursuant to Section 22 a.nd the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deem�l to satisfy the notice and opportunity ta ta.ke cortective 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, tolcic pesticides a,nd herbicides, volatile solvents, materials
<br />containing ashestos or formaldehyde, and radioa.cfive ma.terials; (b) "Environmental Law" means federal laws and laws
<br />of the jurisdiction where the Praperiy is located that relate to health, safety or environmental protection; {c) "Environmental
<br />Clea.nup" 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, ar otherwise trigger an Environmental Cleanup.
<br />Borrower sha.11 not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten
<br />to release a.ny Hazardous Substances, on or in the Property. Borrower sha11 not do, nor allow anyone else to do, anything
<br />affecting the Property (a) tha.t 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 Properly. The preceding two sentences shall not apply to the presence, use, or storage on the Properiy of
<br />sma11 quantifiies of Hazardous Substa.nces that are generally recognized to be appropriate to normal residential uses and
<br />to maintenance of the Properly (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 a.gency or private pariy 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 Hazazdous Substance, and (c) any condition ca.used
<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 governruental or regulatory authority, or any private pariy, that any removal or other remediation
<br />of any Hazazdous Substance affecting the Property is necessary, Borz�ower shall promptly take all necessary remedial
<br />actions in accorda.nce with Environmental Law. Notlung herein shall create any obliga.tion on Lender far an Environmental
<br />Cleanup.
<br />Non-Uniform Covenants. Bonower and Lender further covenant and agree as follows:
<br />22. Acc:eleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
<br />breach of any covenant ar agreement in this Security Instrument (but not prior to acceler�tion under Section
<br />18 unless Applicable La�v grovid�s otherwise). The notice �hall 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; �nd (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 it� option may require
<br />immediste payment in full of all suma secured by this Security Instrument without further demand snd may
<br />invoke the power of s�le and any other remedies permitted by Applicable Law Lender sh�ll be entitled to
<br />HCFG-00359
<br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac llNIFORM 1NSTRUMENT Fortn 3028 1/09
<br />VMP�
<br />Woke�a Kluwar Flnar�c{st Services 201108174.0.0.0.4002-J20110224Y Page 11 oi 13
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