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200206696
<br />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
<br />transferred to a successor Loan Servicer(s) and are not assumed by the Note purchaser unless otherwise
<br />provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either
<br />an 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
<br />by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
<br />such notice given in compliance with the requirements of Section 15) of such alleged breach and
<br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective
<br />action. If Applicable Law provides a time period which must elapse before certain action can be taken,
<br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
<br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
<br />opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
<br />those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law
<br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
<br />radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
<br />Law and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise
<br />trigger an Environmental Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower
<br />shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
<br />Environmental Law, (b) which creates an Environmental Condition or (c) which, due to the presence,
<br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the
<br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of
<br />small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
<br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances
<br />in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
<br />lawsuit or other action by any governmental or regulatory agency or private party involving the Property
<br />and any 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
<br />of 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
<br />by any governmental or regulatory authority, or any private party, that any removal or other remediation.
<br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
<br />obligation on Lender for an Environmental Cleanup.
<br />® MCO) (9994).02
<br />Page 12 of 15
<br />hilials, 4e,
<br />Form 3006 3199
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