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200303743 <br />charge is provided for under the Noce). Borrower's acceptance of any such refund made <br />constitute a waiver of any right of action Borrower might have arising out of such over, <br />15. Notices. All notices given by Borrower or Lander in connection with d <br />writing. Al tice to Borrower in connection with this Security Instrument shall be dee <br />when mailed by first class mail or when actually delivered to Borrower's notice address <br />one Borrower shall constitute notice to all Borrowers unless Applicable Law express <br />address shall be the Property Address unless Borrower has designated a substitute n <br />Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting <br />ower shall only report a change of address through that specified procedure. 'There <br />ss under this Security Instrument at any one time. Any notice to Lender shall be <br />ry first class m¢il to Lender's address stated herein unless Lender has designated <br />Any notice in connection with this Security Instrument shall not be deemed to have <br />ived by Lender. If an notice required by this Security Instrument is also required <br />Law requirement will satisfy the corresponding requirement under this Security <br />r. Lender maychooseto make <br />grower. lfa refund reduces <br />(whether ornotaprepayment <br />ect mewwtm Borrower will <br />.pplicable Law, the <br />16. Governing t <br />law and the law of <br />be <br />:event that any provision or clause ofthis Security Instrument or the Note conflicts with <br />not affect other provisions ofthis Security Instrument or the Now which can be given <br />As used in this Security Instrument (a) words ofthe masculine gender shall mean and include corresponding neuter <br />words or words ofthe feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and(e) the <br />word `Wray" gives sole discretion without any obliggation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy ofthe Now slid ofthis Security Instrument. <br />18. Transfer ofthe Prope rty 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 bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich is the <br />transfer oftitle by Borrower at a future date to a purchaser. <br />If all or an part ofthe Property or any Interest in the Property is sold or transferred (or ifBorrower is not a natural <br />and d 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 i such exercise is prohibited by Applicable law. <br />IfLender exercises this option, Lender shall give Borrower notice ofacceleration. 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 />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 ofajud�rlent enforcing this <br />Security Instrument Those conditions are that Borrower: (a) pays Lender all sums which their wonld 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; (c) pa 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 of protecting 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 Lander (a) cash; (b) money order, (e) 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 ofacceleration 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 mightresult <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 ofthe Loan Servicer unrelated to a sale of[he Note. Ifthere is a change of <br />die 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 retres in coruiection with <br />a notice of transfer of servicing. Ifthe 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 Loan Servicer or be <br />transferred to a successor Loan Servicer and are not assumed bythe Note purchaser unless otherwise provided bythe Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be)oined to anyjudicial action (as either an individual <br />litigant or the member ofa class) that arises from the other party's actions pursuant to this Security Instrumentorthatalleges <br />that the other party has breached any provision ot; or any duty owed by reason of, this Security Instrument, until such <br />Borrower or Lender has notified the other party (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 betaken, that time <br />period will be deemed to be reasonable for purposes of this paragraph. The notice ofacceleration and opportmityto cure <br />given to Borrower pursuant to Section 22 and the notice ofacceleration 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 />flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />tos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of <br />vhere the Property is located that relate to health, safety or environmental protection; (c) "Environmental <br />es any response action, remedial action, or removal action, as defined in Environmental law; and (d) an <br />Condition' ' means a condition that can cause, contribute h), or otherwise nigger an Environmental Cleanup. <br />NERRA.SKA— Single Family — Fannie Mae /Freddie Mac UNIFORM INSTRUMENT Form3028 1/01 ovegebof8pogwo <br />9754 CV (1/02) 105107 <br />GOTO(0004%5c) <br />