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200211104
<br />Lender may choose to make
<br />rower. If a refund reduces
<br />'hether or not a prepayment
<br />constitute a waiver of any right of action Borrower might 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 Borrower in connection with this Security Instrument shall be deemed mhave been giventoBorrower
<br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice many
<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 />given by delivering It or by marling It by first class marl to lenders address stated herein unless lender has designated
<br />another address by notice to Bonower. Any notice in connection with this Security Instrument shall not be deemed to have
<br />been given to Lender until actually received by lender. If any 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 />16. Governing Law, Severe li ity; Rules of Construction. This 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 />not affect other provisions of this Security Instrument or the Now which 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 "may' gives sole discretion without any obligation to take any action.
<br />17. Borrower's Copy. Borrower 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 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 in a purchaser.
<br />If all or an par[ofthe Property or any Interest in the &operty is sold or transferred (or if Borrower is not anatural
<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
<br />if exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thenofice 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 to the expiration of this period, Lender
<br />may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
<br />19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall
<br />before sale of the Property pursuant in any power of sale contained in this Security Instrument; (b) such other period as
<br />Applicable law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this
<br />Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this
<br />Security Instrument and the Now as if no acceleration had occurred; (b) cures any default of any other covenants or
<br />agreements; (c) 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 of protecting Lender's interest in the Property 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 may require that Borr ower pay such reinstatement sums and expenses in one
<br />or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's
<br />check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
<br />agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
<br />Instrument and obligations secured hereby shall remain fullyeffective as if no acceleration had occurred. 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 Servicer, Notice of Grievance. The Now or a partial interest in the Note
<br />(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale mightresult
<br />in a change in the entity (known as the "Loan Servicer ") 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 requires 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 toe Loan Servicer or be
<br />transferred to a successor Loan Servicer and are not assumed by the Now purchaser unless otherwise provided by the Now
<br />purchaser.
<br />Neither Borrower nor Lender may commence, join, or be joined m anyjudicial action (as either an individual
<br />litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrumentor 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 />Borr ower 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 m be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
<br />given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall 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 an response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
<br />"Environmental Cond�tlon" means a condition that can cause, contribute m, or otherwise trigger an Environmental Cleanup.
<br />NERRASIU-- Single Faudy-- Fannie Mar/ oshfiy lilac UNIFORM LNSTR1RdENT Form3028 1/01 1page6of8pages)
<br />W54CVox2) 1597012
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