201001205
<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 1 S.
<br />20. Sale of Nate; Change of Laan Servicer; Notice of Grievance. "1°he Note or a partial interest in
<br />the Note (together with this Security lnstrument) can be sold one or more timers without prior notice io
<br />Borrower. A sale 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 perli~rms other mortgage loan
<br />servicing obligations under the Notc, this Security lnstrument, and Applicable Law. "1'here 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 tlac 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 any other information RESPA
<br />requires in connection with a 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 />assumed by the Nate 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 ol` a class) that arises iTQ1T1 the other party's actions pursuant to this
<br />Security Tnstrument or that alleges that the other party has breached any provision of, or any duty owed by
<br />mason of, this Security Instrument, until such Borrower or Lender has rotified the other party (with such
<br />notice given. in a~mpliance with the requirements of 5ectiorr 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 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. Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" arc those
<br />substances defined as toxic or hazardous substances, pollutants, or wastes by l~nviranmental l,aw 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) "Environmental Cleanup" includes any response
<br />action, remedial action, or removal action, as defined in lnvironmental l.,aw; and (d) an "Environmental
<br />Condition" means a condition that can cause, contribute to, or otherwise trigger an 1~nvironmcntal
<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 lnvironmental
<br />Law, (b) which creates an >Mnvironmental 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 not 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 not limited to, hazardous 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 Substance or Environmental Law of which Harrower 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 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 />~~~ 0110301335
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