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<br />200708697 <br /> <br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not <br />apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servlcer; Nodce of Grievance. The Note or 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 -Loan Servicer-) that collects <br />Periodic Payments cine UDder the Note and this Security I'nstmmcnt and pedoDIIS othet mortgage loan <br />servicing obligations under rhe Note, this Securlty Instrument, and Applicable Law. TheJe also might be <br />one or more cbaDgea of the Loan Servicer mve1ated to a sale of the Nolo. If tbere is a change of the Loan <br />Servicer, Borrower will be given written notice of the c:ha-Qge which will state the D8'llJe and address of the <br />new Loan Servicer, the address to which payments should be made and any other infonoation RBSPA <br />requires in connection with a notice of transfer of servicing. If the Note is sold and theIeafter the Loan is <br />serviced by a Loan Servicer other than the pu:rcbaser of the Note, the mortgage loan servicing obligations <br />to Borrower will remain with the Loan Scrvicer or be transferred to a successor Loan Servicer and are not <br />assumed by the Note purchaser unleas 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 />individoallitigant 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 />Teason 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 alleged breach and afforded the <br />other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a time period wlUch. DlDSt elapse before certain action can be taken. that time <br />period will be deemed to be :reasonable for pwposes of this paragraph. The notice of acceleration and <br />opportu.nity to cure given to Bouower puuuant to Section II and the notice of acceieration given to <br />Borrower pursuant to Section 18 shall bo deemed to aatisfy the notice and oppoItODity to take corrective <br />action provisioDs of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances- are those <br />sobstanceS defined as toxic or hazardous substances, pollutauts, or wastes by Environmenh\l Law and the <br />following substances: gasoline, broseoe, other ftammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents. materials C()11tAining asbestos or formaldehyde, and :radioactive lnAt~ls; <br />(b) "Enviroomontal Law" means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health, safety or cnvil'nnnvmtAl protection; (c) -Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" means a condition that can. cause, contribute to, or otherwise trigger an Bnviromncntal <br />Cloanup. <br />Borrower shall not cause or penoit the presence, use, disposal, storage, or release of any Hanudons <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 affectiDg the Property (a) that is in violation of any Environmental <br />Law, (b) which creates an EnviroDID.eDtal Condition, or (0) which, due to the presence, use, or release of a <br />Ha2Mdous Substance, creates a condition that adversely affects the value of the Property. The preceding <br />two senl:elK1es aball not apply to the presem:e, use, or storage on the Property of small quantities of <br />Hazardous SubstaDces that are generally recognized to be appropriate to normal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substaDccs in consumer products). <br />Borrower shall promptly give Lender written notice of <a) any investigation, claim, demand, lawsuit <br />or other action by AIrJ goveJ"'f1T'1P.ntal or regulatory agency or private party involving the Property and any <br />Hazardous SubBtance 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 />relesse of any Hazardous Substance, and (c) any condition caused by the presenee, use or release of a <br />_ Sa.......,. wlrlch ..-..ty .-.. tho _ of'" Propmy ~lf~, OJ' ,) learns, or i'J notified <br /> <br /> <br /> <br />_6(NE) [OOOB) P-.. 12 of l' t~ Form 3028 1/01 <br /> <br />200708697 <br />