Laserfiche WebLink
<br />200700648 <br /> <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the <br />Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. <br />A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments <br />due under the Note and this Security Instrument and performs other mortgage loan servicing obligations <br />under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of <br />the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be <br />given written notice of the change which will state the name and address of the new Loan Servicer, the <br />address to which payments should be made and any other information RESP A requires in connection with a <br />notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other <br />than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the <br />Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser <br />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, <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 <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 solvent~, 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 <br />to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, <br />remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" <br />means a 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, <br />nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental <br />Law, (b) which 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. The preceding two <br />sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of <br />the Property (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 <br />Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of <br />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 by <br />any governmental or regulatory authority, or any private party, that any removal or other remediation of any <br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial <br />actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an <br />Environmental Cleanup. <br /> <br />.-6A(NE) (0401).01 <br />~ <br /> <br />Page 12 of 15 <br /> <br />Initials: l;..~.~. )-1.C(, <br />Form 3028 1/01 <br />