|
200205741
<br />already collected from Bon.... cn which exceeded permitted IimiIs will be refunded to Borrower. Lender maychooseto make
<br />this refund by reducing the prluclpul owed under the Note or by making a direct payment to Borrower. Ifs Armed reduces
<br />principal, the reduction will he treated as a partial ph cpayancrit without any prepayment charge (whether or not a prepayment
<br />charge is provided for under the Note). Ba l ower's acceptance of any such refund made by dercet payment to Borrower will
<br />constitute a w,us ei of uny ngm of action Rol I ower might have arising out of such overcharge.
<br />15. Notices. All notices given by Bormwcr 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 tohave been given to Bum ower
<br />when mailed by firsl class mall or when actually delivered to Borrower's notice address if sent by otter means. Notice tn any
<br />one Borrower shall construe norm to all Borrowers inlets Applicable Law expressly requnes otherwise. The notice
<br />address shall be the Properly Address unless Borrower has designated a substitute notice address by notice to Lander.
<br />Borrower 'lull promptly nobly Lender of Borrower's change of address. If Grader specifies a procedure for repotting
<br />Borrower's change of address, then hot Lower shall only report a change of address through that specified procedure. There
<br />may be only one designated notice address tinder this Security Instrument at any one time. Any notice to Lender shall be
<br />given by delivering tt or by mailing it by first class mall to Lender's address stated herein unless Lender has designated
<br />another letters by notice to Borrower_ Any notice in connection with this Security Instrument shall notbe deemed to have
<br />been given to Lender until actually received by Lender. If any notice requited by this Security Instrument is also required
<br />under Applicable Law, the Applicable Lrtw requirement will satisfy the corresponding requirement under this Security
<br />Instrument.
<br />16. Govm'ning Law; Sm'erability; Rules of Construction. This Security Instrument shall be governed by
<br />federal law Lind the law of the junsdictien in which the Property is located. All rights and obligations contained in this
<br />Security lnstrwucut ere sub'Iect to uny requirements and limitations of Applicable taw. Applicable Lawmightcxplicitlyur
<br />implicitly allow the parties to uaree by cum me or it might be silent, but such silence shall not be construed as a prohibition
<br />agar nst agra;mcnl by contract. Ill the event that any provision or clause of this Security Instrument or the Note conflicts with
<br />Applicable Law. such Conflict 'ball not affect other provisions of this Security Instrument or the Note which can be given
<br />effect without the well icting provision.
<br />As used in this Secuslty I nstrumenc (Li) words ofthc musculinc ,,c rider dull mean and include corresponding neuter
<br />words or words of the fcminlnc gender; (b) scolds In the singular shall mean and include the plural and vice versa; and (c) the
<br />word 'rout" goes sole r'sC1'et o . without any obli ution m one uny action.
<br />18. Borrower's Cups. Bnnnnacr shall flu given one tin of the vet. Note Asd of this hi Security Se Instrument.
<br />lm n, any ""ll he Property era c,t in the ropers. ii Borrower. Aot limited Shore beneficial l interests
<br />Property' means any Icgm or beneficial indeed, in the Property, including, but not limited rot those ben ofwl interests
<br />transferral at u hone I'or reel, contract for deed, installment soles contract or escrow agreement, the inten[nf which is the
<br />transfer of talc by Bor t sI he e hmune yule is a pure,t o, t
<br />If all Lit anvIsn't ofu I upertyoranylnoldoi teaselled) without Lendeh'.s pilot olitten consent, Lender may nota
<br />person :im a bcne6cinl inra.... q l in of all S sole secured by this without Lender's prior written consent, Lender may
<br />require immediate Lind payment In full of all sums d liv'A by this Security Instrument. However, this option shall not he
<br />exercised by Landon d such ex on r.c is, Lend irul by Applicable Law.
<br />IIhand0daysfor, this option, Lenders giver in BOnroauce ice Section it.n whiciBoitowe,mustparirxl
<br />of not less that y f dugs from the tl eleCe . fi ffou given in accordance wilt Section 15 within which Borrower must pay all
<br />smmssa;ke trythisS itch Instrument If Borlly Instrument twithout fumspriorcethe emandoi of this per. Lander
<br />may invoke. B remedec' permIheo by this Security Instrument without Borrower notice or demand oil Borrower.
<br />79. Bliav a a a to RirenI fIhIs ectc After IatooIr(11ocoItndatan time in conditions, Borrower shall
<br />have the right to have enforcement of this Security IoI sale co disawna this at any time prior a the earliest of other live days
<br />before sale -of the Properly pursuant it) uny power of sidewer s Ined fit this Security Instrument; (b) such other period is to Applicable Law might specifyfor the tri that ofBOrrewer' slightenreinstate;m (c) entry e would be due this
<br />Security Instntmcat. Thule Nose as it are that Borrower (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Vote as it no acceleration had occurred; (h) cures any default of any other covenants or
<br />agreements; (c)pats all ly liglcs rt,ied
<br />in enforcing then Security cn in lent including, but not limited t4 reasonable rest in Pecs, property inspection under and
<br />valuation fast and of her Ices maenad for the purpose de protecting Lender's interest is the Property and rights under this
<br />Security In d I dill; and (d) ,ekes such action as Linder may reasonably require to assure that secured this Se in the
<br />Property and sari Co under this leactl t_y Leader rn.s 1, one Borrower's obligation ro pay the sums secured ex this Security
<br />hrthere fthet llo,,umucunchangelrtandcrmayn. (a)ethat(toeroweyouderc c) ce reinstatement check, urvainonc
<br />or thereof Ira following trn'm.. cis sejcdce by Chem: (a) cash; Upon moneyordee (c) whose deposits bank check, a t teder's
<br />check or nst, inea check, pmv.ly any such eherti is drown upon n. institution preinstatement whose deposits are insured by a federal
<br />agency. imuumentality or entity. or ldl IIlallre c Pwees Transfer. it no reinstatement by Borrower, this Security
<br />Instrument and ubligappKutill L herebyshall remaintelly effective8, ifnt acceleration had occurred. ]loweveq this right
<br />to reinsm2 shall not apply in the cast of Leon ervi under Section 18.
<br />20. Sale a Note; Change of Lam Servicer; Native of Grievance. The Note or a partial interest in the Note
<br />(tweeterwith thisSec urityInstrument)canhecoldone nnmoretimeswithoutpriornotice tonarrower. Note sale mightresult
<br />inuchangein the culity (knotcnus the "Cann Servicer']thatcollects Periodic Payments due under
<br />strumaand Applicable
<br />Instrumentwedo hi ghneothe re t. ...olge hones of Lire obiigersicunderthed Note,
<br />too this SecurityIm, It and Applicable
<br />law. an Set also emfight over s or lie lvcan o Ira the Loan Servicer unrelated [o a sale ethe Note. Lf there is a of the e w of
<br />the Loan Servicer Borrower will be given 1, shoo nnhec of the d any which will sole the nwne and address connection new
<br />I aen Sell leer, the ordeals lc v -0uch payments should be made and uny other information serviced RESPA requires emcoth er than wrth
<br />u notice of If III, r olc clicc ,,U If the Note is scion and obligations t the Loan r serviced by a Gun Servicer other dun ere
<br />purchaser of the cce,s oho mortgage Loa sane n rig obligations to ate pa c will remain with the Loan Servicer or to
<br />truns(crred to a su¢essor Lean Senicer and are. nor tavtmctf h}' I he Note purchaser unless otherwise provided by etc Note
<br />pumha'cr.
<br />Neither Borrower nor Lender mav commence, join, or he joined to anyjudicial action (as either an individual
<br />litigant or the member of a elms) Thal Lie iscs from the other party, s actions pursuant to this Security Instrument or that alleges
<br />that the other party It,,, breadtcd not provision of, oe any duty owed by reason cif, this Security Instrument, until such
<br />Borrower or i endei has nufdicd the offer pee ly (,all such notice given in compliance with the requirements of Section 15)
<br />of such alleged breach and uRitrtied the other party hereto a reasonable period after the giving of such notice to hake
<br />corrective action. If A p p I ical, lc I ua, pravices a due period which must elapse before certain action can be taken, that time
<br />period will be decried to be rcussInable ton purposes of this parn,I aph- The notice of acceleration and opportunity to cure
<br />given to It onowcn It IIIsuunl to Section 22 and the notice of nice let ation given to Borrower pursuant to Section L8 shall be
<br />deemed to sati,fy the notice and opportunity to take corrective action provisions of this Section 20.
<br />21. Hazardous Substances. As usce in this Section 21. (a) "Hazardous Substances" are those substances
<br />defined as a"ic or hazwdocs suhstances, pol lutants or wastes by Environmental Law and the following substances: gasoline,
<br />kerosene. other flammahlc oA tonic peUrolcum products, toxic pesticides and herbicides, volatile solvents, materials
<br />containingasbestosoA horouldchyde, and radioactive materials (b) 'Environmental Law" meansfederal lawsand lawsof
<br />the jtr indiction where the Property is located that relate m health. safety er environmental proh:eliom (a) 'Environmental
<br />Cleanup" 'ncludes any ecspoes.e ;moon, remcdoal action, or removal action, as defined in Environmental Law; and (d) an
<br />'Envoonmenlnl Condition" matm'v coneitiun that can cause, cool ribulc ht, or olhcrwisc Iriggcr Lin Envimmnenol Clewmp.
<br />NLI;RASI(A— SincicI il,I, d.ninlrNI- 11i,cdd., Ma, I: NIFORNI INS III 11M8N "f Marra 3028 1 /01 (,,,, 6 q(3 p,,,,
<br />L111 I oU-" ( Al$3J
<br />OO 10n0)022u81
<br />
|