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<br />200700603
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<br />The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22
<br />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"
<br />are those substances defined as toxic or hazardous substances, pollutants, or wastes by
<br />Environmental law and the following substances: gasoline, kerosene, other flammable or
<br />toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental law"
<br />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
<br />response action, remedial action, or removal action, as defined in Environmental law; and
<br />(d) an "Environmental Condition" means a condition that can cause, contribute to, or
<br />otherwise trigger an Environment Cleanup.
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of
<br />any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the
<br />Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
<br />Property (a) that is in violation of any Environmental law, (b) which creates an
<br />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
<br />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
<br />normal residential uses and to maintenance of the Property (including, but not limited to,
<br />hazardous substances in consumer products).
<br />Borrower shall promptly give lender written notice of (a) any investigation, claim,
<br />demand, lawsuit or other action by any governmental or regulatory agency or private party
<br />involving the Property and any Hazardous Substance or Environmental law of which
<br />Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
<br />to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,
<br />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
<br />governmental or regulatory authority, or any private party, that any removal or other
<br />remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
<br />promptly take all necessary remedial actions in accordance with Environmental law.
<br />Nothing herein shall create any obligation on lender for an Environmental Cleanup.
<br />NON-UNIFORM COVENANTS. Borrower and lender further covenant and agree as
<br />follows:
<br />22. Acceleration; Remedies. lender shall give notice to Borrower prior to acceleration
<br />following Borrower's breach of any covenant or agreement in this Security Instrument (but
<br />not prior to acceleration under Section 18 unless Applicable law provides otherwise). The
<br />notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date,
<br />not less than 30 days from the date the notice is given to Borrower, by which the default
<br />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
<br />of the Property. The notice shall further inform Borrower of the right to reinstate after
<br />acceleration and the right to bring a court action to assert the non-existence of a default or
<br />any other defense of Borrower to acceleration and sale. If th~,..e deta ~, ~not cured on or
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<br />SNE15 Rev 10/03/00 Page 15 of 18 Initial s: i .. FORM 3028 1/01
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