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200411796 <br />shall remain tul!\, effective as if no acceleration had occurred. However, this right to reinstate shall not <br />apply in the case of acceleration under Section 18. <br />20. Sale o`' Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in <br />the Note (togctii,�r with this Security Instrument) can be sold one or more times without prior notice to <br />Borrower. A saic might result in a change in the entity (known as the "Loan Servicer ") that collects <br />Periodic Paymernis due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obli,!a :ions under the Note, this Security Instrument, and Applicable Law. There also might be <br />one or more chan,,,es of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br />Servicer, Borro\,,cr will be given written notice of the change which will state the name and address of the <br />new Loan Servicr, the address to which payments should be made and any other information RESPA <br />requires in Conn_. ion with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is <br />serviced by a Lo:m Servicer other than the purchaser of the Note, the mortgage loan servicing obligations <br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not <br />assumed by the dote purchaser unless otherwise provided by the Note purchaser. <br />Neither B; , rower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litignrt or the member of a class) that arises from the other party's actions pursuant to this <br />Security Instrun.,:;t or that alleges that the other party has breached any provision of, or any duty owed by <br />reason of, this `'ccurity Instrument, until such Borrower or Lender has notified the other party (with such <br />notice given in -()npliance with the requirements of Section 15) of such alleged breach and afforded the <br />other party he: o a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Unv, rm ides a time period which must elapse before certain action can be taken, that time <br />period will bo to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to :.rc given to Borrower pursuant to Section 22 and the notice of acceleration given to <br />Borrower purst I to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective <br />action provisioi of this Section 20. <br />21. Haza u <br />r ,s Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances deli:. as toxic or iiazatdoug substances, pollutants, or wastes by Environmental Law and the <br />following suhst..es: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides <br />and herbicides, �lati;e solvents, materials containing asbestos or formaldehyde, and radioactive materials; <br />(b) "Environmcn,.al Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, af,:ry or cnvironn;ental protection; (c) "Environmental Cleanup" includes any response <br />action, remedia' , - iioli, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" mc:: I condition that can cause, contribute to, or otherwise trigger an Environmental <br />Cleanup. <br />Borrower a ,lot cause or perl,iit the presence, use, disposal, storage, or release of any Hazardous <br />Substances, or .a:cri to release any I lazardous Substances, on or in the Property. Borrower shall not do, <br />nor allow anyo: -Ise to do, anythiii g affecting the Property (a) that is in violation of any Environmental <br />Law, (b) which _atcs an Environm �ntal Conditio�i, or (c) which, due to the presence, use, or release of a <br />Hazardous S,.:b rice creates a condition that adversely affects the value of the Property. The preceding <br />two sentences 1 clot apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Subs' lCeS that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of t' Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower :! :ll promptly give Under written notice of (a) any investigation, claim, demand, lawsuit <br />or other action ; my governmental t-r regulatory agency or private party involving the Property and any <br />Hazardous Sul :ICe or E,;vironmental Law o' which Borrower has actual knowledge, (b) any <br />Environmental tlilion, includiii-'>ut not limited to, any shilling, leaking, discharge, release or threat of <br />release of any 1 :tr('ous Substance, : ❑td (c) any condition caused by the presence, use or release of a <br />Hazardous Sul): ;:: Ice,vhicli adversely i:ffects the value of the Property. If Borrower learns, or is notified <br />0110226088 <br />Initials: <br />-6(NE) Ic:;o� Page 12 or 15 Form 3028 1/01 <br />m <br />