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200210093 <br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender maychoosem make <br />this refund by reducing the Principal owed under the Note or by making a direct payment to Borrower. If a refund reduces <br />principal, the reduction wit treated as a partial prepayment without any prepayment charge (whether or not a prepayment <br />15. Notices. All notices given by Borrower 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 in have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. 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 promptly notify lender of Borrower's change of address. If Lender specifies a procedure for reporting <br />Borrower's change of address, then Borrower shall only report a change of address 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 stated herein unless Lender has designated <br />ived by Lender. If any notice required by this Security Instrument is also required <br />Law requirement will satisfy the corresponding requirement under this Security <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be <br />federal law and the law of the jurisdiction in which the Property is located. All rights and obligations eor <br />Security Instrument are subject to any requirements and limitations of Applicable law. Applicable Law migt <br />implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as <br />can be given <br />As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter <br />words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the <br />word "mays' 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 any part 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 by this Security Instrument. However, this option shall not be <br />exercised by Lender it such 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 pay all <br />sums secured by this Security Instrument. If Borrower fails to pay these sums prior in the expiration of this period, Lender <br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borr ower. <br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall <br />have the right to have enforcement of this Severity Instrument discontinued at any time prior to 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 />Applicable law might specify for the termination of Horrowei s right to reinstate; or (c) entry of ajudgment enforcing this <br />Security Instrument. Those conditions are that Borrowu: (a) pays Lender all sums which then would be due under this <br />Security Instrument and the Note as if no acceleration had oceacted; (b) cures any default of any other covenants or <br />agreements; (c) pays all expenses incurred <br />in enforcing this Severity Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and <br />valuation fees, and other fees inwrred for the purpose of protecting Lender's interest i the Properly and rights under this <br />Security Instrument; and (d) takes such action as Lender may reasonably require m 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 mayrequire that Borrower pay such reinstatement sums and expenses in one <br />or more of the following forms, as selected byLender. (a) cash; (b) money order; (c) certified check, e insure b treasurer's <br />check , cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal <br />agency, instrumentality or entity; he (d) Electronic Funds Transfer. Upon reinstatement re all H Borrower, this Security <br />Instrument and obligations secured hereby shall remain fully effective as if no acceleration had oceuned. However, this right <br />to reinstate shall not apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Services Notice of Grievance. The Note or a partial interest in the Now <br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. Asalemigbtresult <br />in a change in the entity (known as the "Loan Service[') that collects 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 more changes of the loan Servicer unrelated to a sale of the Note. If there is a change of <br />the Loan Servicer, Borrower will be given written notice of the 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 information RESPA to in connection with <br />a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the <br />purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Services or be <br />transferred to a successor Loan Servicer 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 of a class) that arises from the other parry'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 purposes of this paragraph. The notice of acceleration and opportunity to cure <br />given to Borrower pursuant to Section 22 and Tole, of acceleration given to Borrower pursuant to Section 18 shal I 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 is 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 />NERRAS"-- Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form3028 1/01 (page 6 nfSpager) <br />9754CV rLp2) C11872 <br />c0rol0502e05) <br />