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already collected from Borrower which exceeded this refund by reducing the principal owed under principal, the reduction will be treated as a partial charge is provided for under the Note). Borrowcl constitute a waiver ofany right ofaction Borrow 15. Notices. All notices given by Borrower or lender in connection with this Security Instrument must be in or in connection with this Security Instrument shall be deemed to have been given to Borrower or when actually delivered to Borrower's notice address ifsent by other meats. Notice to any notice to all Borrowers unless Applicable law expressly requires otherwise. The notice Address unless Borrower has designated a substitute notice address by notice to lender. N Lender of Borrower's change of address. If Lender specifies a procedure for reporting 200301228 miffed limits will be remarked to Borrower. I ender maychuose to make Note or by making a direct payment to Borrower. If refund reduces payment without any prepayment charge (whether or nota prepayment ewomnce nfanv such refund made by direct oavment to Borrower will out address shall be the Property Borrowet shall prom fly rofi Borrower's change onddress, may be only one designated nc given by delivering it or by in another address by notice to Bi been given to Lender until pea under Applicable I., the At Instrument. 16. Governing Lai federal law and the 1. of tlnc Security Instrument are subjec implicitly allow the parties to [ against agreement by contract. Appl icaMe law, such conflict effect witltou, the conflicting r ,y first class mail to Lender's address stated herein unless Lender has designated Any notice in connection with this Security Instrument shall not be deemed to have ived by Lender. Ifany notice required by this Security Instrument is also required Low requirement will satisfy the corresponding requirement under this Security ; Severahility; Rules of Construction. This Security Instrument shall be governed by jurisdiction in which the Property is located. All rights and obligations contained in this to any requirements and limitations of Applicable Law. Applicable Law might explicitly or ;tee by contract or it might be silent, but such silence shall not be construed as a prohibition In the event that any provision or clause of this Security Instrument or the Noteconflicm with ihall not affect other provisions of this Security Instrument or the Note which can be given As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy ofthe Note and ofthis Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Burrower. As used in this Section 18, "Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests tomsferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer oftitle by Borrower at a future date to a purchaser. Ifall or any part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a ben , inl interest in Borrower is sold or transferred) without lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Under if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice ofacceleration. Thenolice shall provide a peried ofnot less than 30 days from the date the notice is given in accordance with Section 15 withinwhich Borrower mustpayall sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthis period, lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable law might specify for the termination of Borrower's right to reinstate; or (c) entry ofa j udgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation Cccs, mid other fees incurred for the purpose ofprotecting lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. I ender may require that Burrower pay such reinstatement sums slid expenses in one or more of the following forms, as selected by lender: (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case ofacceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior otice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale offl e Note. Ifthere is a change of the Loan Servicer, Borrower will be given written notice of the change which will stria the naive and address ofthe new Loan Scrvicey the address to which payments should be made and any other information ILESYA requires in connection with a notice oftransfer of servicing. Ifthe Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Inan Servicer or be transferred to a successor Inan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Icoder may commence, join, or be joined to any judicial action (as either art individual litigant or the member ofa class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Urnfir has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. I(Applicable law provides a time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for purFoses ofthis paragraph. The notice ofacceleration and opportunityto cure given to Borrower pursuant to Section 22 and t to notice ofacceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Su list. nee.. As used in this Section 21: (a) °Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental I aw and the following substances: gasoline, kerosene, other flammable or toxic penolwun products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (h) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection: (c) "Environmental Clcamp" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) all "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. NERRASFA— Single Family -- Fannie Mar/Preddie Mae UNIFORM INSTRUMENT Form3028 1 /01 (pogeduf8png ) 47sary (1 (12) iw)ila auiol010040s6)