|
20091013$
<br />shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
<br />apply in the case of acceleration under Section 18.
<br />2U. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
<br />the Note (togetYrer with this Security Instrument) can be sold one or more times withoYrt prior notice to
<br />Borrower, A sale might result in a change in the entity (knowr7 as the "Loan Servicer") 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 Scrvicer 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 will state the name and address of the
<br />new l.,oan Servicer, the address to which payments should be made and any other information RESPA
<br />requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the l.,oan 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 l.,oan Servicer or be transferred to a successor Loan Servicer acrd 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 other party's actions pursuant to this
<br />Security lnstrument or that alleges that the other party has breached any provisic.m of, or any duty owed by
<br />reasc»~ of, this Security Instrument, until such Borrower or lender has notified 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. Tf
<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 notice of acceleration 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 to satisfy the notice and opportunity to take corrective
<br />action provisions of this Section 20.
<br />21~ Haiarclous Substances. As used in this Section 21: (a) "Hazardc.fus Substances" arc those
<br />substances defined as toxic or hazardous substances, pollutants, c>r 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 asbestos or formaldehyde, and radioactive 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) "Environmc.'ntal Cleanup" includes any response
<br />action, remedial action, or removal action, as defined in Envircmmcntal 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 perrnrt the presence, use, disposal, storage, ar release of any }~fazardous
<br />Substances, or tkrreaten to release arty f-}azardous 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 />l,aw, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release af' a
<br />1-lazardous Substance, creates a condition that. adversely affects the value of the Property, The preceding
<br />two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
<br />Hazardous Substances that arc 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 Lcndcr written notice of (a) any investigation, claim, demand, lawsuit
<br />or other action by arry 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 Condition, including but not limited to, any spilling, ]caking, discharge, release ar 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 notifu:d
<br />0110299891
<br />y Itlals:
<br />- -6(NE) ~oaoi~.pz P[~e 12 of 15 ~ Form 8028 1101
<br />
|