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<br />200700673 <br /> <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with <br />this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the <br />entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and <br />performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also <br />might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, <br />Borrower will be 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 notice of transfer <br />of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, <br />the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan <br />Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. <br /> <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the <br />member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other <br />party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender <br />has notified the other party (with such notice given in compliance with the requirements of Section 15) of such allcged breach <br />and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable <br />Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be <br />reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to <br />Scction 22 and the notice of 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 /> <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defmed as toxic <br />or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other <br />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or <br />formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the <br />Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any <br />response action, 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 /> <br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or <br />threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, <br />anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental <br />Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely <br />affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on thc Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br /> <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, <br />leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use <br />or release of a Hazardous Substance 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 remediation of any Hazardous Substance <br />affecting 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 /> <br />_ ~A(NE) (0407).01 <br />(!) <br />DDS-NET <br /> <br />paga 12 of 15 <br /> <br />~ i\ <br /> <br />Initi.Is:~ <br /> <br /> <br />at- <br /> <br />Form 3028 1/01 <br />