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<br />200801723 <br /> <br />shall remain fully effective as if no acceleration had occurred. However, tlIis right to reinstate shall not <br />apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in <br />the Note (together WitlI tlIis Security Instrument) can be sold one or more times witl10ut prior notice to <br />Borrower. A sale might result in a change in tlle entity (known as the "Loan Servicer") tlIat collects <br />Periodic Payments due under tl1e Note and this Security Instrument and perfoffils oilier mortgage loan <br />servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be <br />one or more changes of the Loan Servicer unrelated to a sale of ilie Note. If there is a change of tlIe Loan <br />Servicer, Borrower will be given written notice of ilie 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 RESPA <br />requires in connection Witll a notice of transfer of servicing. If tlle Note is sold and thereafter ilie Loan is <br />serviced by a Loan 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 Loan Servicer and are not <br />assumed by tlle Note purchaser unless otllerwise provided by ilie Note purchaser. <br />Neiilier Borrower nor Lender may commence, join, or be joined to any judicial action (as eiilier an <br />individual litigant or the member of a class) that arises from the oilier party's actions pursuant to tllis <br />Security Instrwnent or iliat alleges that the other party has breached any provision of, or any duty owed by <br />reason of, this Security Instrument, until such Borrower or Lender has notified tlle otller party (with such <br />notice given in compliance WitlI tlIe requirements of Section 15) of such alleged breach and afforded tlle <br />oilier party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable Law provides a time period which must elapse 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 />opportunity to cure given to Borrower pursuant to Section 22 and ilie notice of acceleration given to <br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective <br />action provisions of iliis Section 20. <br />21. Hazardous Substances. As used in iliis Section 21: (a) "Hazardous Substances" are iliose <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and ilie <br />following substances: gasoline, kerosene, other tlammable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; <br />(b) "Enviromnental Law" means federal laws and laws of the jurisdiction where the Property is located iliat <br />relate to healili, safety or environmental protection; (c) "Environmental Cleanup" includes any response <br />action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental <br />Condition" means a condition iliat can cause, contribute to, or otherwise trigger an Enviromnental <br />Cleanup. <br />Borrower shall not cause or permit tlle 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 do, <br />nor allow anyone else to do, anyiliing affecting tlIe Property (a) that is in violation of any Environmental <br />Law, (b) which creates an Enviromnental Condition, or (c) which, due to the presence, use, or release of a <br />Hazardous Substance, creates a condition tlIat adversely affects the value of the Property. TIle preceding <br />two sentences shall not apply to tlIe presence, use, or storage on ilie Property of small quantities of <br />Hazardous Substances tllat are generally recognized to be appropriate to normal residential uses and to <br />maintenance of tlIe Property (including, but not limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit <br />or oilier action by any governmental or regulatory agency or private party involving the Property and any <br />Hazardous Substance or EnvirolIlnental Law of which Borrower has actual knowledge, (b) any <br />Enviromnental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of <br />release of any Hazardous Substance, and (c) any condition caused by tlIe presence, use or release of a <br />Hazardous Substance which adversely affects ilie value of the Property. If Borrower learns, or is notified <br /> <br />_ -6(NEII0005} <br />@ <br /> <br />Initials: 'Ql\. \{ f <br /> <br />Page 12 of 15 <br /> <br />Form 3028 1/01 <br />