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200301959
<br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make
<br />this refund by reducing the principal owed under [he Note or by making a direct payment to Borrower. If refund reduces
<br />principal, the reduction will be treated as a partial prepayment without any preppayment charge (whether not a prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refilnd made by direct payment to Borrower will
<br />constitute a waiver of any right of action Borrower might have arising out of such overcharge.
<br />15. Notices. All notices given by Borrower 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 means. Notice m 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 Borrower has designated a substitute notice address by notice to Lender.
<br />Borrower shall promtly notify Lender of Borrowers change of address. If Lender specifies a procedure for reporting
<br />Borrower's change ,?add ress, then Borrower shall only report a change ofaddress through that specified procedure. There
<br />may be only one designated notioa address under this Security Instrument at any one time. Any notice to Lender shell be
<br />given by delivering if or by mailing it by first class mail to Lender's address stated herein unless Lender hes desigoated
<br />another address by notice to Borrower. Any notice inconnecoon with this Sec. ryInstrure in shall not be deemed to h ve
<br />been given to Lender until actually received by Lender. Ifany 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 />Instrument.
<br />16. Governing Law; Severabillty; 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 of Applicable Law. Applicable Law might explicitlyor
<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 agreement by contract.Inthe eventthat any provision or clause ofthis Security Instrument or the Note c all with
<br />Applicable Law, such conflict shall not affect other provisions ofthis Security Instrument or the Nate which can be given
<br />effect without the conflicting provision.
<br />As used in this Security Im rumen (a) words of the masculine gender shall mean and include corresponding newer
<br />words or words ofthe feminine gender, (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 ofthis Security Instrument.
<br />18. Transfer ofthe Properly or a Beneficial Interest in Borrower. As used in this Section 18, "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 by
<br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the
<br />transfer of title by Borrower at a future date to a purchaser.
<br />If all or any part of the Property or any Interest in the Property is sold or transferred (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 payment in full of all sums secured by this Security Instrument. However, this option shall not be
<br />exercised by Lender if such 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 />ofnot less than 30 days from the 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 ofthis 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 Acceleration. If Borrower meets certain conditions, Borrower shall
<br />have the right to have enforcement ofthis Security Instrument discontinued at anytime prior to the 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 of ajudgment 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 any other covenants or
<br />agreements; (e) 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 ofproteeting Lender's interest in the Property and rights under this
<br />Security Instrument; and (d) takes such action as Lender 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, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one
<br />or more of the 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 if no acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration 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 notice to Borrower. A sale might result
<br />in a change in the entity (known as the "Loan 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 of the Loan Servicer unrelated to a sale of the Note. Ifthere is a change of
<br />the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new
<br />Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with
<br />a notice oftrarefrr ofservicing. Ifthe Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
<br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed bytheNote purchaser unless otherwise provided bythe Note
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined to anyjudicial action (as either an individual
<br />litigant or the member of class) that arises from the other party's actions pursuant to this Security Instrument or that alleges
<br />that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
<br />Borrower or Lender has notified the other perry (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 acnon. If Applicable Law provides a time period which must elapse before certain action can betaken, that time
<br />period will be deemed to be reasonable for purposes ofthis paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be
<br />deemed to satisfy the notice and opportunity to take corrective action provisions ofthis 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 formaldehyde, and radioactive materials; (b) "Environmenmal Law" means federal laws and laws of
<br />the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental
<br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
<br />P¢RRASKA— Single Family -- Fannie MaelFreddw MVc UNIFORM INSTRUMENT Farm 3028 1 /01 (page 6of8p.,u)
<br />9754.CVi1Aa) 1653385
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