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<br />. ,. .J -, ~ <br /> <br />0;'0"""" .t.; <br /> <br />2() O:Sl() 456 <br /> <br />,,' <br /> <br />Shan ~einapl fUIly'}ffective,' as if nO ~elel"ation had occurred: However, this right to reinstate shall not <br />apply intb,e ca.se of a~efation linderSection,18. " ,', , , <br />. 20. Sale~fNote; Change of LOan S~icer; Notice of Grievance. The Note or' a'partial interest fu. <br />the 'Note (together with '/:his Sect.irity tDstrument) can be sold one or more times without prior notice to <br />Borrower. A sale might result in, a, change in the entity (Iplown as the "Loan Servicer") that collects <br />P~odic paymer{ts' dUe lln4er, the ')lote ~this SeCurity Instrwnent and performs other mortgage loan <br />serVicing oblIgations under the Note. this Security InStnrinent, and Applicable Law. 'Th~re also miib,t be <br />one or more changes of the LQan Servicer, unrelat~ to a sale of the Note. ' If there is it change of the Loan <br />~rvicer, Boirowerwill ~,given :written notice of the change whiCh will state the naine and address of the <br />ne~ Loan Servicei, the address to which payments should be made and aliy other Information RESPA <br />requires in coJWeClion with a notice of transfer of servicing. If the Note is sold 'and thereafter 'the Loan is <br />'setvi~ by a Loli4 Servieer other'than the purchaser of tire N~te, the mortgage loan serVicing obligations' <br />to Borrower Will'iemain with the LOan Servicer or be transferred to a successor Lo8I;l Servic~r and are not <br />as~ py tile Note Ilurchaser llIlless otheiwiSeproVided by the Notep~.., , ' <br />. "Neither Borra,wer nor Lender may cpi:n,inence, join; or be joined to any judicial action (as either an <br />inc;livid~a1 .1itigaDt 'or the member of a class) that, arises 'from the otherparfy'S actionS pursuant to this <br />Sec.urity Instrument or that alleges that the other party has ,breach~ any proVision of, or any duty owed by <br />~aSon of, . this ,secUritY Instrument, until sucl?- Borrower or Lender has notified t4e other p~ (with ,such <br />notice given in coinpliance with t1ie requirements of Section 15) of such alleged breacli'andaffordfrl the <br />other party hereto a reasonable period after the giving of such notice to take corrective action. If <br />Applicable l.aw provides a time periOd which mtist elapse before cert$l action can be taken, that tinie <br />period w.ill be ,deemed to be reasonable for puIpO/lOS of this paragraph. 'I'he notice 'of acceleration <Qld <br />opportunity to cure given to Borrower pursuaIit to Section 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 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 p~oleum products, toxic pesticides <br />and herbicides', volatile solvents, materials containirigasbestos or formiudel:iyde;.and radioactive materials; <br />o(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 action, as rlefu1ed in Environmental Law; and (d) an "Environmental <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 thr'eaten 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 to the presence, use, or ie1ease of a <br />Hazardous Substance, creates, a condition that adversely affects the value of the Property. The preceding <br />two sentences shall not apply to the presence, use, Qr storage on the Property of small quantities of <br />, Hazardous Sub~ces 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 proniptly give Lender written notice of (a) any investigation, claim, demand, lawsuit <br />orothcr action by any govemmental 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 Condition, including but not limited to, any spilling, leatdng, discharge, release or threat of <br />release of any Hazardous Substance. and (6) any condition caused by the presence, use or release of a <br />Hazardous SubstaIi.Ce which adversely affects the value, of the Pt:operty. If; Borrower 'letirns, or is notified <br /> <br />~-6INEl10401\.02 <br /> <br />'Page 12 of 15 <br /> <br /> <br />08-11-06-000003 <br />!' ' <br /> <br />Form 3028 1101 <br />