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201203660 <br />RE-RECORDED <br />201204964 <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant <br />or 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 pariy has breached any provision of, or any duty owed by reason of, this Security Insttument, until such <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section <br />15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take <br />corrective action. If Applicable Law provides a time period wluch must elapse before certain action can be taken, that <br />time period will be deemed to be reasonable for purposes of this paragcaph. The notice of acceleiation and opportunity to <br />cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Bonower pursuant to Section 18 <br />sha11 be deemed to satisfy the norice and opportunity to take coaective action provisions of this Section 20. <br />21. Hazardous Substances. As used in tivs Section 21: (a) "Hazardous Substances" aze those substances deSned 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) "Environmental Law" means federal laws and laws <br />of the jurisdiction where the Property is located that relate to health, safety or environmental protection; <br />(c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in <br />Environmental Law; and (d) an "Environmental Condirion" means a condition that can cause, contribute to, or othervvise <br />trigger an Environmental Cleanup. <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Bonower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) wbich creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substa.nce, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences sha11 not apply to the presence, use, or storage on the <br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br />uses and 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 <br />by any govemmental or regulatory agency or private party involving the Property and any Hazardous Substance or <br />Environmental Law of which Borrower has actual kttowledge, (b) any Environmental Condition, including but not <br />limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition <br />caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Properiy. If <br />Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or <br />other remediarion of any Hazardous Substance a.ffecting the Property is necessary, Bonower sha11 promptly ta.ke all <br />necessary remedial actions in accordance with Environmental Law. Nothing herein sha.11 create any obligation on Lender <br />for an Environmental Cleanup. <br />NON-UNIFORM COVENANTS. Bonower 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 covenant or agreement in this Security Instrument (but not prior to acceleratlon ander Sec�on 18 <br />unless Applicable Law provida otherwise). The notice shall specify: (a) the default; (b) the action reqwired to cure <br />the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by whic6 the default <br />must be cured; and (d) that failure to cure the default on or before the date specified in the notice may reault in <br />acceleration of the sums secured by this Security Instrument and sale of the Property: The nol3ce shall further <br />inform Borrower of the right to reinstate after acceleration and the right to bring a conrt acfion to assert the non- <br />existence of a default or any other defense of Borrower to accelerat3on and sale. If the default is not cured on or <br />before the date specified in the notice, Lender at its option may require immediate payment in fall of all snms <br />secured by this Security Instrument without further demand and may invoke the power of sale and any other <br />remedies permitted by Applicable Law. Lender shall be entitled to collect all egpenses incurred in pursuing the <br />remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fe� and costs of title <br />evidence. <br />MaelFreddie Mac UNIFORM INSTRUMENT <br />Page 11 of 13 <br />10.5, Ina BOROWB�(S) I�h12�3 <br />