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200806847
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200806847
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Last modified
12/2/2008 10:23:21 AM
Creation date
8/8/2008 2:56:22 PM
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DEEDS
Inst Number
200806847
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<br />200806847 <br /> <br />shall remain fully effective as if no acceleration had occurred However. this right to reinstate shall oot <br />apply in the case of acceleration under Section 18 <br />20. Sale of Note; Ch.ange of Lou Servicer; Notice of Grievance. The Note or a partial interest in <br />the Note (together with this Security Instrumenj) can be sold one or more times without prior ootice to <br />Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects <br />Periodic Payments due lUlder the Note and this Security Instrument and. perfOlTIlS other mortgage loan <br />servicing obligations lUlder 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 the Note. If there is a change of the Loan <br />Servicer, Borrower will be given written ootice 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 any other information RESPA <br />requires in connection with a ootice of transfer of servicing If the Note is sold and thereafter the Loan is <br />serviced by a Loan S ervicer 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 the Note purchaser unless otherwise provided by the Note purchaser. <br />N either Borrower nor Leooer 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 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 lUltil such Borrower or Leooer has ootified the other party (with such <br />notice given in compliance with the requirements 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 />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 ootice of acceleration and <br />opportlUlity to cure given to Borrower pursuant to Section 22 and the ootice of acceleration given to <br />Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportlUlity to take corrective <br />action provisions of this Section 2Q <br />21. Hazardous Substan.ces. As used in this Section 21: (a) "Hazardous Substances" are those <br />substances defined as toxic or hazardous substances, pollutants, or wastes by ElWironmental Law and the <br />following substances: gasoline, kerosene, other flanunable or toxic petroleum products, toxic pesticides <br />and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; <br />(b) "E lWironmental Law' means federal laws and laws of the jurisdiction where the Property is located that <br />relate to health safety or elWironmental protectiOq (c) "E lWironmental Cleanup" includes any response <br />action, remedial action or removal action as defined in E lWironmental Law; and (d) an" E lWironmental <br />Condition" means a condition 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 />oor allow anyone else to do, anything affecting the Property (a) that is in violation of any ElWironmental <br />Law, (b) which creates an Environmental Condition, or (c) which due to the presence, use, or release of a <br />Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding <br />two sentences shall oot 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 />maintenance of the Property (including but oot limited to, hazardous substances in consumer products). <br />Borrower shall promptly give Lender written notice of (a) any ilWestigation, 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 ElWironmental Law of which Borrower has actual knowledge, (b) any <br />E lWironmental 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 /> <br />VMIP-6A(NIE) (0407).01 <br /> <br />Pago 1 2 of 1 5 <br /> <br />Form 3028 1/01 <br /> <br />Ol1LfC <br />
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