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214403279
<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 to
<br /> 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 /> 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 Security
<br /> Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
<br /> this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in
<br /> compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a
<br /> reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
<br /> period which must elapse before certain action can be taken,that time period will be deemed to be reasonable
<br /> for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant
<br /> to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
<br /> satisfy the notice and opportunity to take corrective 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 petroleum products, toxic pesticides and
<br /> herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
<br /> "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
<br /> to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
<br /> remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
<br /> means a condition that can cause,contribute to,or otherwise trigger an Environmental 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 to the presence, use, or release of a
<br /> Hazardous Substance,creates a condition that adversely affects the value of the Property.The preceding two
<br /> sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
<br /> Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
<br /> 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 or
<br /> 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 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 by
<br /> any governmental or regulatory authority,or any private party, that any removal or other remediation of any
<br /> Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
<br /> actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
<br /> Environmental Cleanup.
<br /> INtlals:
<br /> OM-6A(CA) (0005).o1 Page 12 of 15 Form 3005 1/01
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