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200200742 <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender muychoose to make <br />this refund by reducing lire principal owed under the Note or by making a direct payment to Borrower. Ifa refimd reduces <br />principal, the reduction will he if cated as a partial prepayment without any in cF,,ymcri charge (Whether to lot it 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 any fight of action Bnl'rtiwor might have arising nut of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security hsstnmnent most be in <br />writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have beat given to Borrower <br />when mailed by fast class mail or when actually delivered to Borrower's notice address if sent by other mcoits. Notice to mty <br />one Borro wer shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice <br />address shall he the Property Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrower shall promptly notify Lender of Borrower's change of address. If Lander specifies a procedure for reporting <br />Borrower's change ofaddress, then Borrower shall only report a change efaddress through that specified procedure. 'There <br />may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be <br />given by delivering it or by mailing it by first class mail to Lender's address staled herein unless lender has designated <br />another address by notice to Burrower. Any notice in connection with this Security lnstrinneni shall not be deemed to have <br />been given to Lender unfit actually received by Lender. Ifally 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 />1G. Governing Law; Severability{ Roles a Construction. This Security Instrument shall be governed is <br />federal law and the Inc ubhe jurisdiction a which the property is Appliic All rights and obligations' contorted in this <br />Security Instrument are subject to any requirements and limitations, b Applicable Law. Applicable law might explicit}' or <br />implicitlyi ad low <br />eem the parties toagreee by eo.mthat orit might io silent,but such silence shillshwlbeconstheNas aprohibiwith <br />against AppiicbleLow, byconnact. hltheeventthatany provision inurclauseofthis Security Int or the on, Note conflicts with <br />Applicable Low, such conflict shall not affect outer provisions ofthis Sccurily Instrument or the Nac which can be given <br />effect without the conflicting provision <br />As used in this Securty Insn'ument (a) words oRhe masculine gender shell mean mul indudeeorresponding feu ter <br />words or words ofthe feminine gender, (b) words in the singular shall nicum and include the plural and vice versa; and (e) the <br />word "may' gives sole &cjetion without any obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of fire Note and ofthis Security Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used inthis Section lg ,'9nterestinthe <br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those huoficial interests <br />transferred in a head for decd, contract for deed, installment set" contract or escrow agreanent, the intent of which is the <br />transfer oftitle by Borrower at a figure date to a purchaser. <br />"If ur any part ofthe Property fr any Interest in file Property is sold or transferred (or ifBori'ower' is not a natured <br />parson and a beneficial interest in Borrower is sold or transfnried) without lender's prior written consent, Lender may <br />require invmediaate pit))-Vent in full of all sums secured by this Security Instrument. However, this option shall not be <br />exercised by LcVder if such exercise is prohibited by Applicable Law - <br />If ].ender cxc,ei,w, this option, Lender shall give Borrower notice ofacceleration. 'F)ie notice shall provide a period <br />.fuel less than 30 days Rom the date the notice is given in accordance with Section 15 within which Burrower 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 former notice or demand on Borrower. <br />19. Borrower's Bight to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of Security Instrument discontinued at any time prior to the earliest oft (a) the days <br />bcfure sale of the Property pursuant to any power of-sale contained in INS Security Instrument, (b) such other period as <br />Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry ofajudgV ent enforcing this <br />Security Instrument. 'Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this <br />Security instmment and the Note as if no acceleration had occurred; (b) cures any deMult of any other covenants of <br />agreements; to) 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 at protecting I f rdei s interest lathe Properly and rights under this <br />Security Instrument, and (d) takes such action as Lender may reasonably require to aasure that Leader's interest in the <br />Property and rights under this Security Instrument, and 13onowei's obligation to pay the sums secured by this Security <br />Instrument, shaH continue unchanged. Lender may require that Borrower pay such rvia,dacruent shots and expensesin one <br />or fire ofthe following farms, as selected by Lender (a) cash; (b) money order; (c) certified check, batik check treasurer's <br />check or cl ier's check, provided any such check is drawn upon an institution whose deposits are insured by a fedev,al <br />agency, Instrumentality or until)- of (d) Nlectrome Funds Transfer. Upon reinstatanenl by Borrower, this Security <br />Instrument and obligations secured hereby shall remain fully effective as Min acceleration had occurred However, this right <br />to reinstate shat] not apply in the ease 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 line or more times without prior notice to Borrower. Asalemightresult <br />Ina change in the entity (known as the "Loan Set v ice[") that col feels 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 rune ohamgas of the Lean Scrvicer unrelated io a sale of the Note. Ifthere is a change of <br />the Lee,, Service,, Borrower will be given written notice ofthe change which will state the name and address of the new <br />Loan Servic.q tste address to which payments should be made and any other information RESPA requires in eu uiectiom with <br />a notioe oftransfcf of servicing. If the Note is sold unit (hereafter the Loan is serviced by a Loan Set vicar other than the <br />purchaser of the Nne, is re mortgage loan servicing obligations to Bon'ower will remain with the Loan Service, or be <br />transforzed to a successor Loan Scrvicer and are not assumed by the Note purchaser unless otherwise provided by the Note <br />purchaser. <br />Neither Borrower our Lender may commence, join, or be joined to anyjudicial action (as either an individual <br />l 6g: nt or the member ofa class) that arises firm the other party's actions pursuant to this Security Instrumental thatalleges <br />that the other party has breac m <br />had any pvrsiom of, or any duty owed by reason o£ 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 />ofsach alleged breach and afforded lire other party hereto a reasonable periat ado, the giving of such notice to take <br />corrective action. If Applicable I aw provides a time period which must elapse before certain action can be taken, that time <br />period will be deemed to be reasonable for purposes ofthis paragraph. 'flue notice ofacceleration and opportunity to care <br />given to Borrower pursuant to Section 22 and the notice ofaccelernto i given to Borrower' pursuant to Section 19 shall he <br />deemed to satisfy the notice and opportunity to take corrective action provisions ofthis Section 20, <br />21. 11... rdla s Substances. A, rased is this Section 21'. (a) "1 hazardous Substances" ofa those subsances <br />defined as mxie or hazardous sub ranee,, pollutants, or wastes by Environmental Law and the fallowing substances: gasoline, <br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or falialdehyde ,and radioactive materials; (b)''havironmema ]Law" means federallawsandlawsof <br />the ptisdiction where the Property is located that relate to health, safety or environmental protection; (c) °Lavn'onmental <br />Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an <br />"Lavirunmeand Condition' means a condition that can cause, earn drutc to, or otherwise trigger an Environmental Cleanup. <br />NJ "HR KA- Single Family -- Fannie Mao /Frrddis Mee ONIFORM INSTRUMFN'I Form 3038 1/01 (,uge 6 ofd relic) <br />9754 CV(2/f1) (111505 <br />GO10(01m6411) <br />