|
200212009
<br />hereby shall remain fully 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 of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A
<br />sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due
<br />under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
<br />Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
<br />Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
<br />written notice of the change which will state the name and address of the new Loan Servicer, the address to
<br />which payments should be made and any other information RESPA requires in connection with a notice of
<br />transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
<br />or be transferred to a successor Loan Servicer 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 an individual
<br />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,
<br />this 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
<br />to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
<br />satisfy 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 substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
<br />substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
<br />volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental
<br />Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
<br />or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
<br />removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that
<br />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 Law,
<br />(b) 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 other
<br />action by any governmental or regulatory agency or private party involving the Property and any Hazardous
<br />Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
<br />including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous
<br />Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which
<br />adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory
<br />authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting
<br />the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with
<br />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 Borrower's
<br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section
<br />18 unless Applicable Lew provides otherwise). The notice shall specify: (a) the default; (b) the action required
<br />to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which
<br />the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice
<br />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
<br />action to assert the non - existence of a default or any other defense of Borrower to acceleration and sale. If
<br />the default is not cured on or before the date specified in the notice, Lender at its option may require
<br />immediate payment in full of all sums secured by this Security Instrument without further demand and may
<br />invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to
<br />collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
<br />reasonable attorneys' fees and 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 of
<br />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. After the time required by Applicable Law,
<br />Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law.
<br />Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time
<br />and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee
<br />determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time
<br />and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
<br />Form 3028 1/a
<br />mu�ai o.". w
<br />
|