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<br />RE-RECORDED
<br />200804894
<br />
<br />200'(08844
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<br />20. SlIle of Note; Change of Loan Servlcerj Notice or Grievance. The Note or a partial interest in
<br />the Note (together with this Security Instrument) can be sold one or more times without prior notice to
<br />Borrower. A snle might result in a change in the entity (known as the "Loan Servicer") that collects
<br />Periodic Payments due under the Note and this Security Instrument and performs otller mortgage loan
<br />servicing obligations under the Note, this Security Instrument. and Applicnble Law. There also might be
<br />one or more changes of the Loan Servicer unrelated !.o a sale of the Note. If there is a change of the Loan
<br />Servicer, Borrower will be given written notice of the change which will state the name and address of the
<br />new Loan Servicer, the address to which payments should be made and auy other information RESPA
<br />requires in connection with n notice of transfer of servicing. If the Note is sold and thereafter the 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 />ussumed by the Note purchaser unless otherwise provided by the Note purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to any jlldicial action (as either an
<br />individual litigant Or the member of a class) that arises 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 owed by
<br />reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
<br />notice given in complian'.'e with the requiremenLS of Section 15) of such alleged breach and afforded the
<br />other party hereto a reasonable period after the giving of such notice to take corrective action. If
<br />Applicahle Law provides s time period which must elapse before certain action can be tuken, that time
<br />period will be deemed to be reasonable for purposes of this paragraph. The notice of ucceleration and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br />Dorrower 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" are those
<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 />and herbicides, volatile solvents, materials containing ssbestos or formaldehyde, and radioactive materials;
<br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Prop,rty is located thai
<br />relute to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />nction, remedlnl action, or removnl action, as defined in Environmental Luw; llnd (d) an "Environmental
<br />Condition" menns a condition that can CIlUSe, contribute 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 I.n the Property. Borrower shall not do,
<br />n(T['-1rilow,TUyoneehe-to--do,-anything affecting the Property (u} that is in viola,iOlJ of RlIY Environmental
<br />Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
<br />Hazardous Substanct\. creates a condition that adversely affects the value of the Properly. The preceding
<br />two sentences shall not apply to the presence, use, or stornge on the Properly of small quantities of
<br />Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
<br />maintenance of tbe Property (inCluding, but not limited to, bazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by any governmental or regulatory agency or private party involving the Property and any
<br />Hazardous Subslunce 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 condilion caused by the presence, use or release of a
<br />Hazardous Substunce which adversely affects the value of the Property. If Borrower learns, or is notified
<br />by any governmental or regulatory authority, or any private party, that any removal or other remediation
<br />of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
<br />remedialuctions in accordance with Environmental Law. Nothing herein shall create any obligation on
<br />Lender for an Environmental Cleanup.
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<br />~-IlA'NEIIO'07>.Ol
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<br />P-o. 12 of 11;;.
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<br />'"III.B
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<br />F<>rm 3028 1/01
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