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<br />200801439 <br /> <br />.' <br /> <br />shall remain fully e:ffective Wl if no acceleration had occurred. However, this right to reinstate shall not <br />apply in tb.e case of acceleration under Section 18. <br />20. Sale 01 Note; Change of Loan Servicer; Notice of Grievance. The Note' or a partial interest in <br />the Note (together with thi5 Security Instrument) can be sold One or mO:l,'e times without prior notice to <br />Borrower. A sale might result in a change in the emity (known as the: "Loan Servicer") that collects <br />Periodic Paym,ent5 due under the Note and this Security Inst1'\l;Went and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There algo 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 give:tl written notice of the change which wUl state the name and addre$$ of the <br />new Loan Servicer, the address to which payments shOUld be made and ll1l.y other informatiOn RESPA <br />requires in connection with lit notice of transfer of $ervicing. If the Note is sold and thereafter the Loan, is <br />serviced by a Loan ServiceI' other than the purChaSer of the Note, the moxtgase loan servicing obligations <br />to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer Md 3.(e not <br />assumed by the Note purchaser unless otherwise provided by the Note putChascr. <br />~.>-, Neither Borrower nor Lender may com.mence, join, Or be joined. to any judicial action (as either an <br />'{los ".:~(t<'_~~VidUal litigant or the member of a Cla:5s) thaI ariSes from tlle other pany's actions punJuant to tbis <br />--,'$."~~'fl\:;,l::::,$~ty Inst:ument ~r that alleges that ~e other party has bteachod any pr~vision of, or any duty ~wed by <br />;-,;~\')l;;\.';;i',\ '1(~i.f. tlns Secunty Instrum.ent, until such Borrower or Lendex- has DOuflCd the other pany (WIth such <br />'~.~~{l~..~.~\~ n~.. C, tiqe \. iven ill compliance with the ~uiIements of ~on 15) of su~ alleged breach an~ affor~ed the <br />?2i.~~,,~'~>'!?ther: .' any hereto a reasonable period after the gIvmg of such nonce to take corrective actlon. If <br />:iCt:::''!J;,i\:pplicable Law provides a time period whicb- must elapse before cenain action ~ be taken, that time <br />;f;I:sK~i/p:rl;' I will be deemed to be reasonable tor purposes of this paragr:aph. The notice of acceler:ation and <br />.~~ ~ ,,~p. . rrunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to <br />, rAtdf..?o, orrower pursuant to Sectiol1 18 shall be deemed to satisfy the Ilotice and opponunity to taM corrective <br />actiOll provisions of this SectiOn 20. <br />21. Hazardous Substances. As used in mi5 Section 21: (a) "Hawdous Substances" are those <br />substances dermed as toxic or hazardous substances, pollmant!, or wastes by Enviro:omental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum. products, to:1tic pesticides <br />and herbicides, volatile solVents, mare.riaIs contah1ing asbestos or fonnaldebyde, and radioactive materials; <br />(b) "Environmental. Law" means fedtrallaws and laws of the jurisdiction where the Property is located. that <br />relate to health, safety or enVUOJ1.IIlental protection; (c) "Environmcl1tal Cleanup" w.cludes allY r:t5ponse <br />action, remedial action, or removal action. as defined in Enviro'll1l'le:;Utal Law; and (d) an "Erwironmenral <br />Condition" means a condition that can cause, contribute to, or otherwise tri;ger an Environmental <br />Oeauup. <br />Borrowe;r shall not caU5e or peront the presence, use, disposal, stonlge, or release of any Hazardous <br />Substances, or threaten to release any Hazardou$ Substances, on or in the Property. :Borrower shall not do, <br />nor .allow anyone else to do, anything afteetin& the Propeny (a) th.- is in violation of any Environmental <br />Law, (b) whicb. creates an Environmental Condition, or (c) which, due to me presence, use, or release of a <br />Hazardous Substance. creates a condition that adversely affects the value of the Property. The preceding <br />two sentences shall not apply to the presence, use, or srorage on the Property of small quantities of <br />Bazardous Substances that are generally rec4gnized to be appropriate to nonnal residential uses and to <br />maintenance of the Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender writt~ notice of (~) any investigation, claim, demand, lawsuit <br />or other action by any govemmental or regularory agency or private pany involving the Property and any <br />Hazardous Substance or Environmental Law of whiCh Borrow~ has actual knowledge, (b) any <br />Environmental Condition, including but 110t limited to, any spilling, leaking, cUscharge. release or threat of <br />release of any Hazardous S\Ibstance. and. (c) any condition caused by tbe presence. use or release of a <br />Hazardous SubstanCe!: which adversely affectS the value of the Property. If Bonower learns, or is IlOliiied <br /> <br />.. .61NE) (OQQ1il <br />~ <br /> <br />-Mrr;,rdaJa' .A/"t H <br />PiQm 1:Z Qt 1S ~Y' Porm 3028 1101 <br />