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<br />200802648
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<br />If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser
<br />of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
<br />Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note
<br />purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
<br />either an individual litigant or the member of a class) that arises from the other party's actions
<br />pursuant to this Security Instrument or that alleges that the other party has breached any
<br />provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
<br />Lender has notified the other party (with such notice given in compliance with the requirements
<br />of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
<br />after the giving of such notice to take corrective action. If Applicable Law provides a time
<br />period which must elapse before certain action can be taken, that time period will be deemed to
<br />be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
<br />pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
<br />action provisions of this Section 20.
<br />21. Hazardous Substances. As used in this Section 21 : (a) "Hazardous Substances"
<br />are those substances defined as toxic or hazardous substances, pollutants, or wastes by
<br />Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
<br />petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
<br />asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
<br />laws and laws of the jurisdiction where the Property is located that relate to health, safety or
<br />environmental protection; ( c) "Environmental Cleanup" includes any response action, remedial
<br />action, or removal action, as defined in Environmental Law; and (d) an "Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an
<br />Environmental Cleanup.
<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)
<br />which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
<br />adversely affects the value ofthe Property. The preceding two sentences shall not apply to the
<br />presence, use, or storage on the Property of small quantities of Hazardous Substances that are
<br />generally recognized to be appropriate to normal residential uses and to maintenance of the
<br />Property (including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim,
<br />demand, lawsuit or other action by any governmental or regulatory agency or private party
<br />involving the Property and any Hazardous Substance or Environmental Law of which Borrower
<br />has actual knowledge, (b) any Environmental Condition, including but not limited to, any
<br />spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
<br />condition caused by the presence, use or release of a Hazardous Substance which adversely
<br />affects the value of the Property. If Borrower learns, or is notified by any governmental or
<br />regulatory authority, or any private party, that any removal or other remediation of any
<br />Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
<br />necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
<br />any obligation on Lender for an Environmental Cleanup.
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<br />NE ISTMTGI064 vi
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<br />(page 14 of 16 pages)
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