200410440
<br />Security Insu mem and obligations secured hereby shall remain fully effective as if an acceleration had
<br />occurred. However, tttis 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 Now or a partial interest in the
<br />Note (together with this Security instrument) can be sold one or more times without prior notice m Borrower.
<br />A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments
<br />due under the Now and this Security instrument and performs other mortgage loan servicing obligations
<br />under the Note, this Security instrument, and Applicable Law. There also might be one or more changes of
<br />the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
<br />given written notice of the change which will state die name and address of the new Loan Servicer, the
<br />address to which payments should be made and any other information RESPA requires in connection with a
<br />notice of transfer of servicing. If tine Note is sold and thereafter the Loan is serviced by a Loan Servicer other
<br />than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the
<br />Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser
<br />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 lidgam or the member of a class) that arises from the other party's acfimrs 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,
<br />this Security Instrument, until such Borrower or Lender has nofifred 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
<br />for purposes of this pamgmph. The notice of acceleration and opportunity to cure given to Borrower pursuant
<br />to Section 22 and the notice of acceleration given to Borrower pursuant in Section 18 shall be deemed to
<br />satisfy the notice and opportunity in 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 flarri able or toxic petroleum products, toxic pesticides and
<br />herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br />"Environmental Law" rneans Federal laws and laws of the jurisdiction where the Property is located that relate
<br />to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any response action,
<br />remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition'
<br />means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />Borrower shall net 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 In 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 m, 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 N, 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 leans, or is notified
<br />(M- aA(NE) tooas) r.2e 1201. Form 3028 1101
<br />0
<br />
|