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200005659
<br />if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
<br />acceleration under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
<br />interest in the Note (together with this Security Instrument) can be sold one or more times
<br />without prior notice to Borrower. A sale might result in a change in the entity (known as the
<br />"Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument
<br />and performs other mortgage loan servicing obligations under the Note, this Security Instrument,
<br />and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a
<br />sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of
<br />the change which will state the name and address of the new Loan Servicer, the address to which
<br />payments should be made and any other information RESPA requires in connection with a notice
<br />of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
<br />other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
<br />remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
<br />by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
<br />either an individual litigant or the member of a class) that arises from the other party's actions
<br />pursuant to this Security Instrument or that alleges that the other party has breached any
<br />provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
<br />Lender has notified the other party (with such notice given in compliance with the requirements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after
<br />the giving of such notice to take corrective action. If Applicable Law provides a time period
<br />which must elapse before certain action can be taken, that time period will be deemed to be
<br />reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
<br />pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br />action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
<br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental
<br />Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum
<br />products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
<br />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
<br />protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
<br />removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means
<br />a condition 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
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
<br />violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
<br />which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
<br />adversely affects the value of the Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the
<br />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,
<br />lawsuit or other action by any governmental or regulatory agency or private party involving the
<br />Property and any Hazardous Substance or Environmental Law of which Borrower has actual
<br />knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
<br />discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by
<br />the presence, use or release of a Hazardous Substance which adversely affects the value of the
<br />Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any
<br />private party, that any removal or other remediation of any Hazardous Substance affecting the
<br />Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
<br />with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br />Environmental Cleanup.
<br />-ME) (9804101
<br />CVNE 07/10/00 7:52 AM 6696781076
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<br />Page 12 of 15 Form 3028 3/99
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