200301236 - Laserfiche WebLink

Browse

200301236 already collected from Borrower which exceeded permitted limits will be refunded to Borrower. lender may choose to make this refund by reducing the principal owed under the Note orb) making a direct payment In Borrower. Ifa refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance ufany such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15, Notices. All notices given by Borrower or lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shad) be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address ifsent by other morns. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to lender. Borrowet shall prompt) tify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of addresnos, then Borrower shall only report a change of address through that specified procedure. There maybe only one designated notice address under this Security Instrument at any onetime. Any notice to Lender shall be given by delivering it or by mailing it by fast class mail to Lender's address stated herein unless Lender has designated Law requirement will satisfy the corresponding requirement under this 16. Governing law; Severahility; Rules of Construction. This Security Instrument shall be governed by f,derul law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable law. Applicable law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with Applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words ofthe masculine gender shall mean and include corresponding neuter words or words ofthe 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 Borrower. 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 transterred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the transfer uftille by Borrower at a future date to a purchaser. If all 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 here icml 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. Ilowever, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice ofacceleration. The notice shall provide a period efnot less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all 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 lime 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 ofajudgment 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 fees, and other fees incurred for the purpose of protecting 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 riglts under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Under may require that Borrower pay such reinstatement sums and expenses in one or more ofthe following for ms, as selected by lender: (a) cash; (b) money order; (c) 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 firm 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 notice 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 Ivan 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 ofthe Note. Ifthere is a change of the I an Servicer, Bnrmwer will he given written notice of the change which will slate the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the NMe is sold and thereafter the Iran is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the loan Servicer of be transferred to a mcrzsser I ran Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the menhbei ofa class) that arises h om the other party's actions pursuant to this Security Instrument or thin alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Grader has notified die other party (with such notice given in compliance with tire requirements ofSection 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. IfApplicablc Law provides a hire period which trust elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes ofthis paragraph. the notice ofacceleration and opportunity to cure given to Borrower pursuant to Section 22 and tic notice ofacceleration given to Borrower pursuant to Section 18 shall be deemed to satsty the notice and opportunity to take corrective action provisions ofthis Section 20. 21. Hazardous Substances. As used iu this Suction 21: (a) "Hu m dour Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the tollowing substances: gasoline, kerosene, other flammahle or toxic petroleum products, tome pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of The jurisdiction where the Property is located that relate to health, Safety or o vnunmerund protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 3EERASKA— Single temily— Fvnnie Mue/Fredme Mar LINI FORM INSTRUMENT Form3028 1/01 (eage6o(Spage,) 175r CV (1 /02) 1646033 I it I I ( s II IS" I I i III)