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<br />200805023
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<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 times without prIor notice to
<br />Borrower. A sale might result in a change in the entity (known as the "Loan Servlcer") that collects
<br />Periodic Payments due under the Note and this Security Instrument and performs other 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 Servlcer unrelated to 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 wlll 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 with a no lice of transfer of servicing. If the Note is sold and thereafter the Loan Is
<br />serviced by a Loan Servlcer other than the purchaser of the Note, the mortgage loan servicing obligations
<br />to Borrower wlll remain with the Loan Servleer 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 acUon (as either an
<br />individual litigant or the member of a class) that arises from the other party's actlons 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, unlli such Borrower or Lender has notified the other party (with such
<br />notlee given In compliance with the requlremimts of Section 15) of such alIeged breach and afforded the
<br />other party hereto a reasonable period after the giving of such notice 10 take corrective action. If
<br />Applicable Law provides a time period which must elapse before certain action can be taken, that time
<br />period wlll be deemed to be reasonable for purposes of this paragraph. The notice of acceleratJon and
<br />opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
<br />Borrower pursuant to Section 18 shall be deemed 10 sallsry the no lice and opportunity to take correcllve
<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, pollutanls, or wasles by Environmental Law and the
<br />following substances: gasoline, kerosene, other flammable or toxic petroleum products. toxle pestlcldes
<br />and herbicides, volatile solvents. materials containing asbestos or formaldehyde. and radioacllve materials;
<br />(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
<br />relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal acllon. a,!! defined In Environmental Law; and (d) an "Environmental
<br />Condlllon" means a condillon that can cause, 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 In the Property. Borrower shall not do,
<br />nor allow anyone else to do, anything affecting the Property (a) that Is in violation of any Environmental
<br />Law. (b) which creates an Environmental Condition, or.(c) which. due (0 the presence. use, or release of a
<br />Hazardous Substance, creates a condition that adversely affects the vaiue of the Property. The preceding
<br />two sentences shall not apply 10 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 />maintenance of the Property (Including, but not limited to, hazardous substances in consumer products).
<br />Borrower shall promptly give Lender written notice of (a) any invesllgatlon, claim. demand, lawsuit
<br />or other action by any governmental or regulatory 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 Condlllon, Including but notllmlled 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 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 />remedial actions in accordance with Environmental taw. Nothing herein shall create any obligation on
<br />Lender for an Environmental Cleanup.
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<br />002005425058
<br />..6A(NE) (0407).01
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<br />P.g. 12 "r 15
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<br />Form 3028 1/01
<br />ClllMortgnge 3.2.15.13 VG
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