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201504493
<br /> 21. HazardousSubstances.As used in this Section 21: (a) "Hazardous Substances"are those substances
<br /> defined as toxic or hazazdous substances,pollutants,or wastes by Environmental Law and the following
<br /> substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,
<br /> volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br /> "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that
<br /> relate to health, safety or environmental protection; (c) "Environmental Cleanup"includes any response
<br /> action,remedial action,or removal action, as defined in Environmental Law; and(d)an "Environmental
<br /> Corzditio►z"means a coadition that 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
<br /> Substances,or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,
<br /> nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental
<br /> Law,(b)wtuch creates an Environmental Condition,or(c)which,due to the presence,use,or release of a
<br /> Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two
<br /> sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous
<br /> Substances that are generatly recognized to be appropriate to normal residential uses and to maintenance of
<br /> 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
<br /> action by any governmental or regulatory agency or private party involving the Property and any Hazardous
<br /> Substance or Environmental Law of which Bonower has actual knowledge,(b)any Environmental
<br /> Condition,induding but not limited to,any spilling,leaking,discharge,release or threat of release of any
<br /> Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance
<br /> which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or
<br /> regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance
<br /> affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in
<br /> accordance with Environmentat Law.Nothing herein shall create any obligation on Lender for an
<br /> Environmental Cleanup.
<br /> Non-UniformCovenants.Borrower and Lender covenant and agree as follows:
<br /> 22. Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following
<br /> Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to
<br /> acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify: (a)
<br /> the default;(b)the action required to cure the defaalt;(c)a date,not less than 30 days from the date
<br /> the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the
<br /> default on or before the date specified in the notice may result in acceleration of the sums secured by
<br /> this Security Instrument and sale of the Property.The notice shall further inform Borrower of the
<br /> right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a
<br /> default or any other defense of Borrower to acceleration aud 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 full of
<br /> all sums secured by this Security Instrument without further demand and may invoke the power of sale
<br /> and any other remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses
<br /> incurred in pursuing the remedies provided in this Section 22,including,but not limited to,reasonable
<br /> attorneys'fees and costs of title evidence.
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<br /> Wokare Kluwer Financial Services Page/4 of 17
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