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collected <br />200305520 <br />vwer. Lender may choose to make <br />to Borrower. if a refundreduces <br />arge(whetheror not aprepaymem <br />y direct payment to Borrowerwill <br />constitute a waiver of any right of action Borrower might have arising out of such overcha <br />15. Notices. All notices given by Borrower or Lander in connection with this <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deems <br />when mailed by first class mail or when actually delivered to Borrower's notice address ifs <br />one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly <br />address shall be the Property Address unless Borrower has designated a substitute notil <br />Borrower shall nromptly notify Lender of Borrower's change of address. If Lender spe <br />I notice address under this Security Instrument at any onetime. An notice to Lander shall be <br />y mailing it by first class mail to Lender's address stated herein Mss Lender has designated <br />i Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />actually received by Lender. If any notice required by this Security Instrument is also required <br />Applicable law requirement will satisfy the corresponding requirement under this Security <br />16. Governing Law; Severability; 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 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 aggrreement by contract. In the event that any provision or clause of this 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 ofthe masculine gender shall mean and include comespondingneuter <br />words or words ofthe feminine gender, (b) words in the singular shall mean and include the plural and vice versa; andd (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 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 of which is the <br />transfer of title by Borrower at a future date to a purchaser. <br />If all or apart 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 h this Security Instrument. However, this option shall not be <br />exercised by Lender Much 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 />of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must payall <br />sums secured by this Security Instrument. If Borrower fads to pay these sums prior to the expiration of this period, Lender <br />may invoke an remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrowers Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />before sale ofthe 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 Borrowers right to reinstate; or (c) entry ofajudgnient enforcing this <br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then woulld 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 />egreemenrs; (c) pays all expenses inwrrad <br />in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and <br />valuation fees, and other fees incurred tar the purpose ofprotece Lender's interest i the Property and rights under this <br />reasonably s <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 rcyuire that Borrower order;(;) reinstatement check, bank chec,tresinone pay <br />or more ofthe following forms, ns selected by Lander (a) cash; (b) money order; (c) certified check, bank check, treasurer's <br />check or cashier's check, provided any such check is drawn <br />on an m whose deposits are insured a federal <br />Upon re <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 eBecn 1as ifno acceleration had occurred. However, this right <br />to reinstate shall not apply in the case ofacceleration under <br />ion 18. <br />20. Sale of Note{ Change of Loan Services Notice of Grievance. The Now or a partial interest in the Note <br />(together with this SecurityI astronaut )can be sold one or more times without prior notice to Borrower. t sale might result <br />in t an change in the entity (known as the "Loan Servicesg that collects Periodic Payments due under the Non: and this Security Security Instrument and performs other mortgage lo servicing obligations under the Note, this Security Instrument, and Applicable <br />Law. There also might be one or more changes on no Loan Services unrelated to il sale e t lee Note. If there is a change w of <br />the Loan Scer, the Borrower will be given written notice made a change which will state the name and address ofthe new <br />Loan Services, the address to which payments should n made and any other information by RESPA a Lo requires in connection code <br />a notice of transfer of servicing. If the Note is sold and ihereafter B loon is serviced remain a Loan Services other than the <br />purchaser of a s Note, the mortgage loan servicing obligations a Borrower will remain with the Loan Services or to <br />transferred to a successor Loan Servlcer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual <br />litigant or the member ofa 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 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 a time period which must elapse before certain action can be taken, that time <br />period will be deemed to be reasonable for pusposes ofthis paragraph. The notice ofacceleration 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 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 formaldehyde, and radioactive materials; (b) "Environmental law" means federal laws and laws of <br />the jurisdiction where the Property 1s 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 />NERR ICA-8i.& Fonuly- Fnniie sls/ reddie Mac UNIFORM INSTRUMENT Form3028 lldl (page6if8pag.) <br />9754 N2) 1687921 <br />GOTO(00(Mclac) <br />