|
�o�lus�42
<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 a.nd 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 parly 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 such
<br />alleged breach and afforded the other parhy hereto a reasonable period after the giving of such notice to take conective
<br />achon. 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 and opporlunity 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 opportuniiy 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 substances, pollutants, or wastes by Environmenta.l Law and the following substances: gasoline,
<br />kerosene, other fla.mmable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws
<br />of the jurisdiction where the Properiy is located tha.t relate to health, safety or environmental 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 tha.t 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 Substances, on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything
<br />affecting the Properly (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 a.ffects the
<br />value of the Properly. The preceding two sentences shall not apply to the presence, use, or storage on the Property 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 a.gency or private party involving the Properly and a.ny Ha.zardous Substance or
<br />Environmental Law of which B orrower has actual knowledge, (b) any Environmental Condition, including but not limited
<br />to, a.ny 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 a.ny removal or other remediation
<br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
<br />acfions 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 no�ce to Borrower prior to acceleration following Borrower's
<br />breach of any covenant or agreement in this Security Instrament (but not prior to acceleration nnder 5ection
<br />18 nnless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action reqnired
<br />to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by wluch
<br />the defanit must be cured; and (d) that failure to cnre the default on or before the date specified in the
<br />notice may result in acceleration of the sums secured by this Secnrity 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-e�stence of a default or any other defense of Borrower to acceleration and
<br />HCFG-00359
<br />NEBRASKA-Single Femily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
<br />VMP�
<br />Wolte�a KluwarFlnancial Services 201108164.O.O.D.4002-J20110224Y
<br />Porm 3028 1/Ot
<br />Page 11 of 13
<br />8 5 7
<br />
|