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<br />200802749 <br /> <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in <br />the Note (together with this Security Instrument) can be sold one or more timcs without prior notice to <br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that colleds <br />Periodic Payments duc undcr the Note and this Security Instrument and performs other mortgage loan <br />servicing obligations under the Note, this Security Instrumcnt, and Applicablc Law. Thl,'fc also might bc <br />one or m<:tre changes of the Loan Servicer unrelated to a salc of the Note. If there is a change of the Loan <br />Scrvicer, Borrower will bc givcn writtcn noticc of the change which will state the name and address of the <br />ncw Loan Scrviccr, thc addrcss to which payments should be made and any other information RESPA <br />requires in connection with a notice of transter of servicing. If the Note is sold and thereafter the Loan is <br />serviccd by a Loan Servieer othcr 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 the Note purchaser unless otherwise provided by the Note purchaser. <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 arises from the othcr party's actions pursuant to this <br />Sccurity Instrument or that alleges that the other party has breached any provision of, or any duty owed by <br />reason of, tbis Security Instrument, until such Borrower or Lender has notified the other party (with such <br />notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the <br />other party hercto a rcasonable 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 bc deemed to be reasonable for purposes of this paragraph. The notice of acceleration and <br />opportunity to cure given to Borrower pursuant to Sedion 22 and the 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 this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substanccs" are thosc <br />substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides <br />fmd herbicidcs, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; <br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Propcrty is locatcd that <br />rclate to health, safety or environmental protection; (c) "Environmental Cleanup" ineludes any response <br />action, remcdial action, or removal action, as defined in Environmental Law; and (d) an "Environmcntal <br />Condition" means a condition that can cause, contributc to, or otherwise trigger an Environmental <br />Cleanup. <br />Borrower shall not cause or permit the 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, anything affccting the Property (a) that is in violation of any Environmental <br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presencc, usc, or rclcasc of a <br />Hazardous Substance, creates a condition that adversely atTeds the value of thc Property. The preceding <br />two sentenccs shall not apply to the presence, use, or storage on the Property of small quantities of <br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to <br />maintcnancc of the Property (including, but not limited to, hanlrdous substances in consumer products). <br />Borrowcr shall promptly give Lendcr written notice of (a) any investigation, claim, dcmand, lawsuit <br />or other action by any govcrnmcntal or rcgulatory 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 not limited to, any spilling, leaking, discharge, release or threat of <br />release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a <br />Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified <br />by any governmental or regulatory authority, or any privatc party, that any removal or other remediation <br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary <br />remedial actions in accordance with Environmcntal Law. Nothing hcrcin shall create any obligation on <br />Lcnder for an Environmental Cleanup. <br /> <br />2002066148 <br /> <br />/()t~lnitiaIS J;f;e <br /> <br />2002066148 <br /> <br />.-6A(NE) (0407).01 <br />@ <br /> <br />P~e 12 of 15 <br /> <br />Fonn 3028 1101 <br /> <br />60100S <br /> <br />2002066148 <br />