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<br />200707443 <br /> <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Noll' Dr a partial interest in <br />Ihl' NOI(' (togl'lh(~r with this Security Instrument) can he sold o ill' or more times without prior notice to <br />l;orrowel'. A sale might result in a change in lhe entity (known as the "Loan Servicer") lhat collects <br />Periodic Payments due under the Note and this SecurilY Instrument and performs other mortgage loan <br />servici.ng ohligations under the Note, this Security Instrument, and Applicable Law. There also might he <br />one 01' more changes of the Loan ServiceI' unrelated to a sale of the Note. If there is a change of the I.oan <br />ServiceI', Borrower will be given written notice of the change which will state the name and address of thl' <br />nl'W Loan Servicer, the address to which payments should be made and any other infol"lnatioll HFSPA <br />requires in connection with a notice of transfer of servicing. If the Notl' is sold and therl'after the I,oan is <br />serviced hy a Loan Servicer other than the purchaser of the Note, Ihe mortgage loan servicing obligations <br />10 8ol'lowl'r will remain with the Loan ServiceI' or be transferred to a successor Loan ServiceI' and are nol <br />asslllned hy the Nok purchaser unless otherwise provided by lhe Note purchaser. <br />Neither Borrower nor Lender may cmlllnence, 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 <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 such alkged breach and afforded I/l(' <br />olher parly herdo a reasonable period afler the giving of such noti(:!' to take corrective action. If <br />l\pph:;i1lle Law provides a time period which musl. elapse hefore cl'rlain action Gin he takl'n. thai tinli' <br />period will he dl'emed to hl' reasonable for purposl'S of lhis paragraph. The notiC(~ of' acu>!l'ration and <br />opportunity to cure given to Borrower pnrsuant to Seclion a and (he notice of acceleration given to <br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice ami opportunity to take corrective <br />action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances del"ined as toxic or hazardous substances, pollutanls, or wastes by Environmental Law and thl' <br />following substances: gasoline. kerosene, olher flammable or toxic petroleum producls, toxic pesticides <br />;:Ild herl.icides, volatile solvents, materiills containing ashestos or fOrlnaldehyde, and radioactive Ina/erials; <br />(b) "Fnvironmeutal Law" means federal Jaws and laws of thl' jurisdiction where the Property is located Ihat <br />n~lale to health, safety or environmental protection; (c) "I':nvironment,d Cleanup" includes any respons(: <br />action, rl'medial action, or removal action, as defined in Environmental Law; and (d) an "I':nvironmental <br />Condition" means a condiUon that can cause, contribute to, or otherwise trigger an I':nvironnwnlal <br />Cleanup. <br />Borrower shall not cause or permit the presence, use, disposill, storage, or release of any Hazardous <br />Substances, or threaten to release any Hazilrdous Substances, on or in the Property. Borrower shall nol do, <br />nor allow anyone else to do, anything affecting the Properly (a) that is in violation of any FnvironnH'nlal <br />!,;IW, (11) which cre(ltl~s an Environmental Condilion, or (c) which, due to the presence, use. or release of ,I <br />Ilazan/ous Substance, creates a condition lhat adversely affects the value of' th(~ Properly, The preceding <br />two sentences shall not apply to the presence, use, or storage on lhe Property of small quantities nf <br />Ilazardolls Snbstances that are generally recognized to be appropriate to normal residential USl'S and 10 <br />maintenance of the Property (including, but not limited to, hazardous suhslances in consumer products). <br />Borrower shall promptly give Lemler written notice of (a) any investigation, claim, demand, lawsuit <br />or other action by any governmental or regulatory agency or private party involving lhe Property and any <br />] laz,ardOl,s Sobslance or Environmental I,aw of which Borrower has actual knowledge, (Il) any <br />l':nvironnlenlal Condition, including hut not limited to, any spilling, leaking, discharge, release or thn:al of <br />releas(~ of any Ilazardous Substance, and (c) any conditioll caused by the presence, use or releas!' of' a <br />Hazardous Substauce which adversely affects the valu!' of the Property. If Borrower It'arns, or is notified <br />by any governmental or regulatory authority, or any private party, that any removal or other remediatioll <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take ,ill lI!'cessary <br />remedial actions in accordance with Environmental Law. Nothing herein shall create any obligatiou on <br />Lender for all Environmental Cleanup. <br /> <br />002004634292 <br />~-6A(NE) (ll>l07) 01 <br />(.) <br /> <br />Irlilii'lls: <br /> <br />c~v;L <br /> <br />Form 3028 1/01 <br />CitiMorlgagc 3,L.110'1 VII <br /> <br />P'J~.W 12 of' '1 ~\ <br />