Laserfiche WebLink
<br />200706721 <br /> <br />information RESP A requires in connection with a notice of transfer of servicing. Ifthe Note is sold and <br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser ofthe Note, the mortgage <br />loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a <br />successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the <br />Note purchaser. <br /> <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an <br />individual litigant or the member ofa class) that arises from the other party's actions pursuant to this <br />Security Instrument or that alleges that the other party has breached any provision of, or any duty owed <br />by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with <br />such notice given in compliance with the requirements of Section 15) of such alleged breach and <br />afforded the other party hereto a reasonable period after the giving of such notice to take corrective <br />action. If Applicable Law provides a time period which must elapse before certain action can be taken, <br />that time period will be deemed to be reasonable for purposes of this paragraph. The notice of <br />acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of <br />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 <br />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 <br />materials; (b) "Environmental Law" means federal laws and laws ofthe jurisdiction where the Property <br />is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" <br />includes any 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 otherwise trigger <br />an Environmental Cleanup. <br /> <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 <br />do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any <br />Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, <br />use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the <br />Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property <br />of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property (including, but not limited to, hazardous substances <br />in consumer products). <br /> <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 <br />of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of <br />a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is <br />notified by any 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 promptly <br />take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create <br />any obligation on Lender for an Environmental Cleanup. <br /> <br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: <br /> <br />22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following <br />Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to <br />acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall <br /> <br />N~lJkASKA - Smglc fo"llmlly - Famlle MaelFreddle Mac UNIFORM INSTRUMENT <br />t> 2004.2006 Copyright C<>mplianee S)>tell1i. [no. 2D26-327A. 2006.1 L.I4D <br />Single Family Real Estate. Security Instrument DL2047 <br /> <br />Page 12 of 14 <br /> <br />li'Onli 30Z8 1101 <br />www.compliancesystems.com <br />800-968-8522. Fax 616.956.186~ <br />