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200113249 <br />Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following <br />forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or <br />cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. <br />However, this right to reinstate shall not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the <br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A <br />sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due <br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the <br />Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan <br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written <br />notice of 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 of transfer of <br />servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the <br />Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to <br />a successor Loan Servicers and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security <br />Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this <br />Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in <br />compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a <br />reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time <br />period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for <br />purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the <br />notice and opportunity to take corrective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and <br />herbicides, 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 relate to <br />health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial <br />action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a <br />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 Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else <br />to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates,an <br />Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a <br />condition that 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 generally recognized <br />to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, <br />hazardous substances in consumer products). <br />Initials. <br /><0 6(NE) (0005) Page 12 of IS Form 3028 1 /01 <br />