<br />200801606
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<br />is saki and thereafter the Loan is serviced by Ii Loan Servicer other than the purchaser of the Note, the
<br />mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to
<br />a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by
<br />the 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 arisea 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
<br />owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party
<br />(with 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
<br />taken, 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 Substance.. AB used in this Section 21: (a) "Hazardous Substances" are those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law
<br />and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
<br />pesticides and herbicides, volatile solvents, materials containing abestos or formaldehyde, and
<br />radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where
<br />the Property is located that relate to health, safety or environmental protection; (c)"Environmental
<br />Cleanup" includes any response action, remedial action. or removal action, as defined in
<br />Environmental Law; and (d) an "Environmental Condition" means a condition that can cause,
<br />contribute to, or otherwise trigger an Environmental Cleanup.
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<br />Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
<br />Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property,
<br />Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that Is In
<br />violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due
<br />to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects
<br />the value of the Property. The preceding two sentences shall not apply to the presence, use, or
<br />storage on the Property of small quanltles of Hazardous Substances that are generally recognized to
<br />be appropriate to normal residential uses and to maintenance of the Property(includlng, but not
<br />limited to hazardous substances in consumer products).
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<br />Borrower shall promptly giVe lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any government or regulatory agency or private party Involving the Property and
<br />any Hazardous Substance or Environmental L.aw of which Borrower has actual knowledge, (b) any
<br />Environmental Condition, including but not limited 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
<br />of II Hazardous Substance which adversely affects the value 01 the Property. If Borrower learns, or is
<br />notified by any government 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
<br />create any obligation on Lender for an Environmental Cleanup.
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