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<br />200709052
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<br />Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
<br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might
<br />be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the
<br />Loan Servicer, Borrower will be given written notice of the change which will state the name and
<br />address of the new Loan Servicer, the address to which payments should be made and any other
<br />information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and
<br />thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the 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.
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<br />Neither Borrower nor Lender may commence, 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
<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.
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<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 of the 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.
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<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).
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<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 lirnited 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.
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<br />NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
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<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 />specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than the
<br />minimum number of days established by Applicable Law from th~d~te the notice is given to
<br />Borrower, by which the default must be cured; and (d) that failure to cure the default on or
<br />before tht: date specified ill the notic", may result in acceleration of the sums secUI'ed by this
<br />Security Instrument and sale of the Property. To the extent permitted by law, the notice shall
<br />further inform Borrower of the right to reinstate after acceleration and the right to bring a
<br />court action to assert the non-existence of a default or any other defense of Borrower to
<br />acceleration and sale. If the default is not cured on or before the date specified in the notice,
<br />Lender at its option may require immediate payment in full of all sums secured by this Security
<br />Instrument without further demand and may invoke the power of sale and any other remedies
<br />permitted by Applicable Law. To the extent permitted by law, Lender shall be entitled to collect
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<br />Nl?BllASKA . Sitlfilc Family. F_on;e MlllelFtelltJle (\Ohc VN1YORM INSTRUMENT
<br />~ 2004-2006 Copyright Compliance System,. Inc. 2D26.9D7A. 2006.11.140
<br />SiTl Ie Famil Real Estat.e - Securit Instrument DL2047
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<br />Pa e90fl0
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<br />Fltrm:)u2t11101
<br />www.compliancesystems.com
<br />800-968.8522 " F.. 616-956-1868
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