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<br />that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage
<br />loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
<br />one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state the name and address of the new
<br />Loan 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 Loan
<br />Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain
<br />with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note
<br />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 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
<br />for 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
<br />the 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
<br />Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
<br />allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
<br />which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
<br />Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
<br />shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
<br />that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
<br />(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 Environmental
<br />Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
<br />Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
<br />which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
<br />affecting the 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 Environmental Cleanup.
<br />NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
<br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
<br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under
<br />Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action
<br />required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
<br />which the default must be cured; and (d) that failure to cure the default on or before the date specified in the
<br />notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The
<br />notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action
<br />to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If the default
<br />is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in
<br />full of all sums secured by this Security Instrument without further demand and may invoke the power of sale
<br />and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in
<br />pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and
<br />costs of title evidence.
<br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part
<br />of the Property is located and shall mail copies of such notice in the manner prescribed by Applicable Law to
<br />Borrower and to the other persons prescribed by Applicable Law.
<br />NLEMSKA .Single Family— Fannie Mae /Freddie Muc rlN/FORMfNSlRUMFW MFRS medT'd Fin— 30381 tit
<br />K03 -512
<br />(11 9 of 10 poker)
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