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200410023
<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
<br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic
<br />Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
<br />obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
<br />changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
<br />Borrower will be given written notice of the change which will state the name and address of the new Loan
<br />Servicer, the address to which payments should be made and any other information RESPA requires in
<br />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
<br />remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
<br />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 either an
<br />individual litigant or the member of a class) that arises from the other party's actions pursuant to this
<br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
<br />notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
<br />other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable
<br />Law provides a time period which must elapse before certain action can be taken, that time period will be
<br />deemed to be 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 pursuant to
<br />Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this
<br />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
<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 />Condition" means 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 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) which 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 generally 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
<br />other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
<br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
<br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
<br />any governmental or regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
<br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
<br />Lender for an Environmental Cleanup.
<br />Initials: K
<br />AMME (o311) Page 12 of 15 U--)I e:;� Form 3028 1/01
<br />0092802347 -5665
<br />7777777707070700076765242717744400766342
<br />09/23/2004 12:2 2: 3 6 5611754400072302452675136400776241717560
<br />100 1 0770S$3aWA�91 031471 Tj 8222050331007
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