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<br />200801403
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<br />Periodic Paym(l/ltS due under the NOLI.' and this Security Instrument and perf0I111S other mortgage loan
<br />servicing, obligations under the Not<:, this Security Instrument, and Applicable Law, There .llso might
<br />be one or morc changes of the Loan ServiceI' unrelated to a ~alc of the NC'te, If there is a change of the
<br />Loan ServiceI', Borrower will be given written notice of the change which will state the name and
<br />address of the new Loan ServiceL the address to which payments should be made and any other
<br />information RES? A requires in connection INith 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 Servker or be transferred to a
<br />successor Loan ServiceI' 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 m.IY commence, join, or be joined to any judicial action (liS either an
<br />individual litigant or the member of a class) that arises from the other party's actions pursuilntto this
<br />Security In5tl'ument or that alleges that the other party has breached any provision of. or any duty owed
<br />by rCil'>OIl of. this Security lnstrument, until such Borrower or Lender has notified the other par1y (,-,'ith
<br />such notice given in compliance with the requirements of Section 15) of sllch alleged breach and
<br />afforded the other party her!.:to a reasonable period aftcr the giving of such notice to take corrective
<br />action_ If Applicable Law provides a time period which must dapse before certain actioll can b,' tukl.'n,
<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 pllrsllant to Section 22 and the notice of
<br />acceleration given to Borrower pursuant \l) Section 18 shall be de(lm;:d to satisfy lhe (lotice 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 (.II' hazardous substances, pollutants, (.If wastes by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum prodUCL~, toxic p,'sticides
<br />and herbicides, volatile solvents. materials containing asb('stos or formaldehyde, and radioactive
<br />materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Propl.'rty
<br />is located that rdate to health, safety or environmental protection: (c) "Environmental Cleanup"
<br />includes any response action. remedi,\1 action, or removal action. as defined in Environmental Law: lmd
<br />(d) an "Environmental ConditiO:l" means a condition that C(Hl cause, contribute to, or otherwise trigger
<br />all Environmental Cleanup.
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<br />13orrowl.:r shall not cause or pCrl;lit the presence, use, disposal, storage, or n:leasu of uny Hazardous
<br />Substances, or threalCl; to rcle2.se any Hazardous Substances, on or in the Property. Borrower shall not
<br />do. nor allO\\I anyone else to do. anything affecting the Property (a) that is in violation of uny
<br />Environm~ntal Law, (b) which creates nn Environmental Condition, or (c) which, due to the presence,
<br />use, -or rclca~c of-a. Hazardous Substance, creates a condition that ad'\'efsely affects the value of rhe
<br />Property. The preceding two sentences shall not apply to the presence, use, or' storage on the Property
<br />0(' small quamilies of Hazardous Substances that are generally n:cognized to be appropriate to nonnal
<br />residentialuSt,s llnd to ma;ntenllnce of the Property (including, bul no! limited to, hazardous subst<lnces
<br />in consumer products).
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<br />l3orl'ower shail promptly give Lender written notice of (ll) any investigation, claim, demand, lawsuit or
<br />other llClion 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 notlimilcd to. any spilling. leaking, discharge, relea~e or threat
<br />of relellse or any Hazardous Sl:bstance, and (c) any condition caused by the pres~nce, use or release of
<br />a Hazardous Substance which adversely affects the value of the Property. If' Borrower learns, oris
<br />notiJ1ed by any gowrn;nental \if regulatory authority. or any privale pany, that uny removal or other
<br />remediation of any llazardolls Sc:bstance afrec:ing thc ProperlY is necessary, Borrower shall promptly
<br />take all necessary remedial actions in accordance with Environmental LU\\-', Nothing herein shall creale
<br />any obligation on Lender for an Environmental Cleanup.
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<br />NON~UNIF()RM COVENANTS. Borrower and Lender further covenant and agree as follows:
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<br />22. Acceleration; Remedies. Lender shall give notice to Borrower pl"ior to acceleration following
<br />Borrower's breach of any cln'enant 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; Ie) a datc, not less than the
<br />minimum number of days established by Applicable Law from the date the notice is given to
<br />Borrower, by which the default must be cured: amI (d) that failure to curc the default on or
<br />before the date specified in the notice may result in acceleration (If the sums secured b)' this
<br />Secul'ity Instrument Hnd sale of the Property. To the extent permitted by law, the notice shall
<br />further infol'ln Borrow('r of the right to reinstate after accelcnltion and the right to bring a
<br />court action to assert the non-fxistclIl'e 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 811)' other remedies
<br />permitted by AppIicable Law. To the extent permitted by law, Lender shall be entitled [0 collect
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