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<br />. . <br /> <br />200709078 <br /> <br />20. Sale of Note; Change of LOlln Sel'ViccI'; Notice of Grie\'IUlcc. The Note or a partial interest in <br />the Note (together with this Security Instrument) can be sold one or more Limes wiUlOut prior notice to <br />Borrower. A sale might result in a change in the entity (known as Ule "Loan Servicer") Ulat collects <br />Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations wlder the Note, Ulis Security Instrwncnt, 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 Ule change which will state the name and address of the <br />new Loan Servicer, the address to which payments should be made and any other information RESP A <br />requires in cOlmection WiUl a notice of transfer of servicing, If the Note is sold and thereafier Ule LOlUl is <br />serviced by a LOlUl 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 to a successor LOlUl Servicer lUld are not <br />assumed by the Note purchaser unless otherwise provided by Ule Note purChaser. <br />NeiUler Borrower nor Lender may conullence, join, or be joined to any judicial action (as eiUler an <br />individual litigant or Ule member of a class) that arises from Ule other party's actions pursuant to this <br />Security Instrwllcnt or that alleges that the oUler party has breached lUly provision of, or any duty owed by <br />reason of, this Security Instrwllent, until such Borrower or Lender IlHS notified the oUler party (wiUl such <br />notice given in compliance with the requirements of Section 15) of such alleged breach lUId afforded the <br />other party hereto a reasonable period after Ule giving of such no lice to take corrective action. If <br />Applicable Law provides a time period which must elapsc 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 />opportwlity to cure given to Borrower pursuant to Section 22 and tile notice of acceleration given to <br />Borrower pursuant to Section 18 shall be deemed to satisfy Ule notice cmd opportunity to take corrective <br />action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous SubstlUlces" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and Ule <br />following substances: gasoline, kerosene, other flammable or toxic petrolewn products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, lUld 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 or envirolUnental protection; (c) "Environmental Clerump" includes ruly response <br />action, remedial action, or removal action, as defined in Environmental Law; ruId (d) rul "Environmental <br />Condition" means a condition that can cause, contribute to, or oUlerwise trigger rul Envirorunental <br />Cleanup. <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 tile Property, Borrower shall not do, <br />nor allow lUtyone else to do, rulything affecting the Property (a) that is in violation of any EnvirolUllental <br />Law, (b) which creates an EnvirolUnental Condition, or (c) which, due to tile presence, use, or release of a <br />Hazardous Substance, creatcs a condition that adversely affects Ule value of Ule Property. The preceding <br />two sentences shall not apply to the presence, use, or storage on Ule Property of small qurultities of <br />Hazardous Substances Utat are generally recognized to be appropriate to normal residential uses ruld to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demruld, lawsuit <br />or other action by any governmental or regulatory agency or private pru"ty involving the Property ruld rulY <br />Hazardous Substrulce or EnvirolUllental Law of which Borrower has actual knowledge, (b) lUly <br />EnVrrOlUllental Condition, including but not limited to, ruly spilling, leaking, discharge, release or Ulfeat of <br />release of lUlY Haz.;'1rdous SubstlUIce, and (c) lUly condition caused by the presence, use or release of a <br />Hazardous SubstrulCe which adversely affects the value of tile Property, If Borrower learns, or is notified <br />by any govenunental or regulatory authority, or ruly private party, Utat rul)' removal or oUler remediation <br />of any Hazardous Substance affecting Ule Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance witil EnvirOlUnental Law, NOUling herein shall create lUl)' obligation on <br />Lender for lUl Environmental Clcrump. <br /> <br />8800278337 <br /> <br />.,;': L <br />W~-' <br /> <br /><at-SAINE) (0407).01 <br /> <br />Inilials: <br /> <br />Pag. 1 2 of 1 5 <br /> <br />8800278337 <br /> <br />Form 3028 1/01 <br />