|
<br />200706105
<br />
<br />
<br />shall remain.fully effective as if no accelerationhadoccurroo. However, this right toreiriStateshall not
<br />apply in the case of acceleration under Section 18; .
<br />20. Sale of Note; Change of Loan Serviccr; Notice of Grievance. . The Noreor a partial interest in
<br />the Note (together with this Security Instrument). 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 "LoanServicer") that collects
<br />Periodic Payments due under. the Note and this security Instruinent and perfortnSothermortgage loan
<br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
<br />one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state .tbenameand. address of the
<br />new Loan SerVicer, the address to which paymentsshbuld be made and any other information RESPA
<br />requires in connection with a notice of trllIisfer of servicing. If the Note is sold and thereafter the Loan is
<br />serviced by a Loan Servicer other than the purchaser. of the Note, the mortgage loan servicing obligations
<br />to Borrower will remain with the Loan Servicer or be transferred toa successor Loan Servicer and are not
<br />assumed by the Note purchaser unless otherwise provided by the Note purchaser. .
<br />Neither BorroWer nor Lender may commence,join, or be joined to any judicial action (as eitheran
<br />individual litigant or the member of a class) that arises from the other party' sactions pursuant to this
<br />Security Instrument. or that alleges that the other party has . breaChed any provision of, . or any . duty. owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
<br />notice given in compliance with the requirements of Section 15) Of S1lch alleged breaCh. and afforded the
<br />otherpartyheteto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicable Law provides a time period which. must .. elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
<br />opp<>rtumtyto cure given to Botrower pursuant to Section 22 and the noticcofaccelerationgiven to
<br />Borrower pursuant to Section 18 Shall be deemed to satisfy the notice and opportUnity to take corrective
<br />action provisions of this Section 20;
<br />21. Hazardous Substances. As. used. in this Section 21: (a) "Hazardous ... Stibstarices " are those
<br />substances defined as toxic or hazardous substances, pollUtants, or wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, otherflam:Iilable or toxic petroleum products, toxic pesticides
<br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental. Law" means federal laws and laws of the jurisdiction where the. Property is located that .
<br />relate to health; safety orenvitonmentalprotection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, asdefllledin Environmental Law; and(d)an>."Environmental
<br />Condition" means a condition that can cause, contribute to; or otherwise trigger an Erivironmental
<br />Cleanup. .. .
<br />Borrower shall not cause or permit the presence, use, disposal, storage, or.releastof any Hazardous
<br />Substances,or threaten to release any Himitdous.SUbstances, on or iillhe.Property.Borr()wershall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that is in viola.tionofanyEnvironmental
<br />Law, (b) which creates an Environmental Condition,or (c) which; due to the presence,nse, or releaSe of a
<br />Hazardous SUbstance, creates a condition that adversely affects thevalue of the Ptoperty.The preceding
<br />two sentences shall not apply to the presence,use, or storage .onthe ptopertyofsmallquantities'of
<br />Hazardous. SUbstances that are generally recognized to be appropriate to normal residential uses . and to
<br />:maintenance of the Property (including ,but notlimited to, hazardoUs substances in consUIi.1er products). .
<br />Borrower shall. promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />ot otherattion by any . govenui1entalor regUlatory agency or private party. involving the Property and any
<br />Hazardous Substance or Environmental Law of whichBorrowerhasactualknO\vledge, (b) any
<br />Environmental Condition, including but not limited to, any spilling, JeakIng, discharge, release or threat of
<br />release of any Hazardous Substance,.. and (c). arty condition caused by. the presence, use ..or . release of a
<br />Hazardous Substance Which adversely affects the value of the Property'; If Borrower leariis,ods notified
<br />
<br />
<br />tnlti8li,MJYI .
<br />
<br />0110269441
<br />
<br />Pege.'2 of 15
<br />
<br />Form 3028 1/01
<br />
<br />
|