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200301949
<br />already collected Rom Borrower which exceeded permitted limits will be refunded to Burrower. Leadrx mayehoose to make
<br />this refund by reducing the principal owed under the Nate or by making a direct payment to Borrower. Ifs refund reduces
<br />principal, die reduction wit treated as a partial prepayment wrthont any prepayment charge (whother or not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance ofany such refund made by direct payment to Borrower will
<br />constitute a waiver of my right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Burrower or Lender in connection with this Security Instrument must be in
<br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower
<br />when mailed by first class mail or when actually delivered to Borrower's notice address ifsent by other mews. Notice to any
<br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
<br />address shall be the Property Address unless Burrower has designated a substitute notice address by notice to Lender.
<br />Borrowet shall promptly notify Lender of Borrower's change of address. If lender specifies a procedure for reporting
<br />Borrower's change of address, then Borrower shall only report a change ofaddress through that specified procedure. There
<br />maybe only one designated notice address under this Security Instrument at any onetime; Any notice to Lender shall be
<br />given by delivering it or by mailing it by first class mail to Lend o
<br />er's address stated herein unless Lender has designated
<br />another address by raidecto Borrower. Any notice in connection with this Security Instrument shall not be deemed to have
<br />been given to Lender until actually received by Lender. If an notice required by this Security Instrument is also required
<br />under Applicable law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
<br />16. Governing Law; Sevembility; Rules of Construction. This Security Instrument shall be governed by
<br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this
<br />Security Instrument are subject to any requirements and limitations (if Applicable Law. Applicable law might explicitly or
<br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition
<br />against aggreement by contract. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with
<br />Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />effect without the conflicting provision.
<br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
<br />der,
<br />words or words of the feminine gen (b) words in the singular shall mean and include the plural and vice versa; and (c) the
<br />word "may" gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
<br />18. Transfer of the Property or Beneficial Interest in Borrower. As used in this Section IS, "Interest in the
<br />Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
<br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
<br />transfer ,Chile by Borrower at a future date to a purchaser.
<br />If all or any (tart of the Property or any lnterest in the Property is sold or hansfcrred (or if Borrower is not a natural
<br />person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
<br />require immediate payymment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />exercised by Lender ifsuch exercise is prohibited by Applicable law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
<br />,if no[ less than 30 days Ronrthe date the notice is given in accordance with Section 15 within which Borrower must pay all
<br />sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period, Lender
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Accelerat ion. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement of this Security Instrument discontinued at any time prior to die earliest of. (a) five days
<br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable law might specify for the termination of Borrower's right to reinstate; or (c) entry ofajudgment enforcing this
<br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of my other covenants or
<br />agreements; (c) pays all expenses incurred
<br />in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and
<br />valuation fees, and other fees incurred for the purpose ofprotecting Lender's interest in the Property and rights under this
<br />Security Instrument; and (d) takes such action as Leader may reasonably require to assure that Lender's interest in the
<br />Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
<br />Instrument, shat l continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one
<br />or more ofthe following forms, as selected by Lender, (a) cash; (b) money order; (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
<br />agency, instrumentality or entity, or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fully effective as iCno acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case ofaccelemtion under Section 18.
<br />20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior noticeto Borrower. A sale might result
<br />in a change in the entity (known as the "Law Servicer") that collects Periodic Payments due under the Note and this Security
<br />Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable
<br />Law. There also might be one or more changes ofthe Loan Servicer unrelated to a sale ofthe Note. Ifthere is a change of
<br />the Loan Servicer, Borrower will be given written notice ofthe change which will state the name and address ofthe new
<br />Loan Service,, the address to which payments should be made and any other information RESPA requires in connection with
<br />a notice oftransfer of servicing. ICthe Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser ofthe Note, the mortgage loan servicing obligations to Borrower will remain with the Low Servicer or be
<br />transferred to a successor Loan Servicer arid are not assumed by the Note purchaser unless otherwise provided by the Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or bejoined to any judicial action (as either an individual
<br />litigant or the member ofa class) that arises from the other parry's actions pursuant to this Security Instrument or thatalleges
<br />that the other party has breached any provision (if, or any duty owed by reason of, this Security Instrument, until such
<br />Borrower or Lender has notified the other part) (with such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take
<br />corrective action. If Applicable Law provides atime period which must elapse before certain action can be taken, that time
<br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice ofaeeeleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice ofacceleratlon given to Borrower pursuant to Section 18 shall be
<br />deemed to 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 substances
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental law and the following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containing asbestos or tormaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (e) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" me.. a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />N'EORM"K ,r& Fund, F —nie M.e Freddi, Mae. UNIFORM INSTRI IMENT Form3028 Ilal ( ➢nye6 f8payes)
<br />9154 CV (1102) 1655307
<br />GOTO(00042ibn
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