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<br />200605786 <br /> <br />shall remain tillly effective as if no acceleration had occurrcd. Howcvcr, this right to reinstate shall not <br />apply in the case of aeeeleralion under Section I R. <br />20. Sale nf Note; Change nf Lnan Servicer; Nntice of Grievance. 'fhe Note or a partial interest in <br />the Note (together with this Security Inslnllllent) can be sold one or more times without prior notice to <br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects <br />Periodic Paynlents due under the Note and this Security Instrurnent and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrumcnt, and Applkable Law. There also might be <br />one or more changcs of the Loan Servicer unrelated to a sale of thc Note. If there is a change of the Loan <br />Serviccr, Borrowcr will be given written noticc of thc change whkh will state the name and address of the <br />new Loan Scrvicer, the addrcss to which payments should be made and any other information RESPA <br />requires in connection with a notice of transt\:r of servicing. If the Notc is sold and thereafter the Loan is <br />serviced by a Loan Serviel:r othl:r than the purl:haser of the No\(;, the mortgage loan servicing obligations <br />to Borrower will remain with the Loan Servieer or be transferred to a SUl:l:essor Loan Servieer and are not <br />assunll:d by the Note purchaser unless otherwise provided by the Notl: purchaser. <br />Neither Borrower nor Lcnder may commence, join. or bc joinl:d to any judicial action (as either an <br />individual liligant or the member of a class) that arises from the olher party's actions pursuant 10 this <br />Security Instrument or that alleges that the othl:r party has breached any provision of, or any duty owed by <br />reason of, this Security Instrumcnt, until such Borrower or Lender has notified the other party (with such <br />notice given in compliance with the requirCnll:nts of Section 15) of such alleged breach and afforded the <br />other party herelo a reasonable period aner the giving of such notice to take corrective action. If <br />Applicable Law provides a time period which lllUst elapse bcf<)re certain action can be takl:n. that time <br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure givl:n to Borrower pursuant to Sl:ction 22 and thl: notice of accdl:ration givl:n to <br />Borrower pursuant to Sl.:ction 1 R shall be dccllled to satisfy the notice and opportunity to takl.: corrective <br />action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "H a;;>;ardous Substances" arc 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 <br />and herbicides. volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; <br />(b) "En vironmental Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health. safety or environmental protection; (c) "Environmental Cleanup" indudl.:s any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" lTll.:ans a condition that can cause. contribute to, or otherwise trigger an Environmental <br />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 dse to do, anything affecting the Property (a) that is in violation of any Environml.:ntal <br />I,aw, (b) \vhich creates an Environmental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance. creates a condition that adversely affects the value of the Property. Thl: preceding <br />two sentences shall not apply to the plTsence, lise, or storage on the Property of small quantities of <br />Ila7:ardous Substanct:s that arc gennally recognized to be appropriate to normal residential uses and 10 <br />maintenanec of the Property (including, but not limited to, ha7:ardous substances in consllmer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim. demand. lawsuit <br />or other action by any governmental or regulatory agency or private parly involving till.: Property and any <br />Hazardous Substancc or Environmental Law of which Borrower has actual knowkdge, (b) any <br />Environmcntal Condition, including but not lilnited to, any spilling. leaking, discharge, release or threat of <br />release of any Hazardous Substance, and (c) any condition eauscd by the presence, use or releasc of a <br />Hazardous Substancc which adversely affects the value of the Property. If Borrower lcarns, or is notitied <br /> <br />P"de 1 2 of 1 5 <br /> <br />,/f2" C~ / <br />In;\;'15/"7\ <br />"j <br /> <br />06-041407 <br /> <br />S-6(NE) (040/).01 <br />(~ <br /> <br />FOI111 3028 1/01 <br />