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200209160 <br />limits will be refmded w Borrower. Leadermay chowetumake <br />r by making a direct payment to Borrower. if a refund reduces <br />constitute a waiver of any light of action Borrower nuglit 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 Bon'ower in correction with tits Secmlty 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 if sent by wheritems. Notice to 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 prompptlyy notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting <br />Bonrower'schangeofaddress, then Borrower shall only report a changenf addre ss through that specificelprocedurc 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 i cr der's address stated herein unless Lender has designated <br />another address by notice in Borrower. Any notice in connection with this Security Instrument shall not be deemed to have <br />been given to Lender mail actually received by Lender_ if any notice required by fins Security Instrument is also required <br />wider Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement Eider this Security <br />Instrument. <br />16. Governing Law; Severabifity; Rules of Construction. 'Phis 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 />Sa:nnty Instrument are mbiect to anvreoui cments and limitations ofAwdicable Law. Applicable Law mieht exnlicitly or <br />-m that any provision or clause of this! <br />affect other provisions of this Security <br />As used in this Security Instrument. (a) words ofthe masculine gender shall mean and inhale crnrespondingneulcr <br />words or words of the tcminine gender, (b) words m the singular shall mews mid include the plural and vice versa; andd (c) the <br />word "may" gives sole discretion without any obliggation to take any action. <br />17. Borrower's Copy. Burrower shall be given one copy of the Now and of this Security Instrument. <br />18. Transfer of the Property or a Beneficial interest in Borrower. As used in ins Section l8, "Intel est untie <br />Property" means any legal or beneficial interest in the Property, including but not limited lo, those beneficial interests <br />transferred in a bond far 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 part m <br />ofthe Property or y Interest in the Property is sold or transferred (or SBorrower is not a natural <br />person and a berie real interest in Borrower is sold or transferred) without Lender's pour written consent, Leader may <br />requite immnediale pa meat in full of all sums secured by this Security Instrument. Ffowever, this option shall not he <br />exercised byy Lender if such exercise is prohibited by Appbcable Law. <br />I'Lenderexereises this option, Lender shall give Borrower notice ofaccdcratiov Therameeshallprovideaperiod <br />of not less than 30 days from tie date the notice is given in accordance with Section 15 within which Borrower must pay all <br />ms <br />su secured by this Security Instrument If Borrower fails to pay these sums pnor to the expiration oftns period, Lender <br />may invoke any remedies permitted by this Security In timuent without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate After Acceleration. IfBorrowermeets certain conditions, Borrower shall <br />have the right to have enforcement of this Security fast anmt discontinued at any time prior w 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 />Apphcable Law mighty emfy for the Wm n uofRurruwer 's right to, cloture,or(c) entry ofajudrnent enforcing this <br />Security hstrwnen[. Those conditions are that Borrower: (a) pays Lender all scans which then would be due under this <br />Security Instrument and the Nute as if no acceleration had occurred; (b) ewes my default of any otter covenants or <br />agreements; (c) pays all exppeases incurred <br />I enforcing do' Security Inslrwnem, including, but not limited to, reasonable attorneys' fees, property inspection and <br />valuation fees, and other fees incurred For the purpose of protesting Lender's interest in the Property and n&tmLS order this <br />Security InsYmnew; and (d) takes such aetim as Lender may reasonably require w assure that Lender's mhaest in the <br />Property and -hh s under this SLwm y Insmw mid, and Borrower's obligation w pay the sums seemed by this Security <br />Instrument, shall continue unchanged. Lm der may require that Borrower pay such reinstatement sums and expenses in one <br />ur moreof the following forms, as selected bq -Lender: (n) cash; (b) money order; (e) certified check, bank check, treasurer's <br />check or cashier's check, provided my such check is drawn on an institution whose deposits are insured by a federal <br />agmuy, ivammumtalry or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security <br />Instrument and obligations secured hereby shall remain fifty effective as if no acceleration had assumed. However, this right <br />to reinstate shall nut apply in the case of acceleration under Section 18. <br />26. Sale of Note; Change of Loan Services 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 widhoutppfor notice to Borrower Asalemightrecult <br />m a change in the entity (known as the "Loan Servicer ") that coH.t, Periodic Payments due under the Note and this Security <br />hhstruhneat and performs other mortgage loan servicing obligations under the Note, this Seounty Instrimieut, and Apphcable <br />Law. There also in t be one or more changes of the Loan Servicer unrelated N n sale of ire Note. Iftnere is a chmige of <br />the Loan Servicer, Borrower will be given written notice came 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 nifommtion RESPAregwres m connectiwhwith <br />a notice of transfer of servicing_ Ifthe Note is sold and thereafter the Loan is scrvicrd by a Luan Servicer otter drum the <br />purchaser of the Note, the mortgage loaf servicing obligations to Borrower will remain with the Loan Servicer or be <br />transferred to a successor Loran Servicer and arc notassi mcd by the Note pachm erwiless otherwise provided by the Note <br />purchaser. <br />Neither Rorro cr nor Lender may comurnenee, join, w be joined to any judicial action (as either an individual <br />mar me omen parry nas oreamea any provis on o1, or any out) owes oy reason our, Eras oeeunry Hemm con, mill] eucn <br />Borrower or Lender has notified the other party (with such notice given in compliance with the requircmcnts of Section 15) <br />of such alleged breach and afforded ire 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 he lakem, that time <br />period will he deemed to be reasonable for purpmacs of "a pa alit aph. The notice of acceleration and opportunity to care <br />gnvea to Borrower ppursuant to Section 22 and this notice of acceleration given to Borrower purmml to Section 18 shall be <br />deemed w satisfy the notice and opportunity to take coriective action provisions of this Section 20. <br />21. Hazardous Substances. As used in this Section 21: (a) "I lazardnus Substances" arc those substances <br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and thetbtowutg substances: gasolme, <br />kerosene, other flammable or toxic petroleum products, tome pesticides and herbicides, volatile solverda materials <br />containing asbestos or formaldehyde, and madioactive materials; (b) `Envirmmrental Law" means federal laws and laws of <br />the jurisdiction where the Property is located that relate to health, safety or environmental poncotiom, (c) "Environmental <br />Cleanup" includes my response action, remedial action, or removal action, as defined in Environmental Law; and (d) an <br />°Environmental Condition' means a cundihun that can cane, mntiibute to, of otherwise rugger m Environmental Cleanup. <br />6EBRA8RA- Slagle F.dy —FarWe Mae /FvNJdie Maw UNIFORM IN81'RUMENT Form3028 1 /01 n�oge fin /Apogee) <br />9754 .CV(I /N) 159NW) <br />QOTO(0003WN) <br />