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 />
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