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<br />already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender my choose to make
<br />this refund by reducing the principal awed under the Note or by making a direct payment to Borrower. If a refund reduces
<br />principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or rota prepayment
<br />charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
<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 he its
<br />writing. Any notice to Borrower in connection with this Security 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 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 />another address by notice to Borrower, Any notice in connection with this Security Instrument shall not be deemed to have
<br />been given to Lender until actually received by Lender. It 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, Severability; 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 />Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Luce might explicitly or
<br />implicitly allow the parties to agree by contract of it migh[be silent, but such silence shall not be construed as a prohibition
<br />agamstagreement by contract. In the event that any provision or clause of this Security Instrument or the Now conflicts with
<br />Applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
<br />effect without the conflicting provision.
<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 Note and of this Security Instrument.
<br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS, "Interest iu 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, contractim deed, installment sales contractor escrow agreement, the intentof 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 its full of all sums secured by this Security Instrument However, this option shall not he
<br />exercised by Lender if such exercise is prohibited by Applicable Law.
<br />If Lender exercises this option, Lender shall give Borr ower notice of acceleration. The notice shall providea per
<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 />have the right to have enforcement of this Security 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 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 Note 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 interact in the Property and rights under this
<br />Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender s interest in the
<br />Property and rights under this Security Instrument, and Borower's obligation to pay the sums secured by this Security
<br />Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses in one
<br />or more of thefollowing 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 fully effective as if no acceleration had occurred. However, this right
<br />to reinstate shall not apply in the case of acceleration under Section t8.
<br />20. 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 without prior notice to Borrower, A sale might result
<br />in achange 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. lftherereachangeol
<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 the Loan Servicer or be
<br />transferred ma 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 party's actions pursuant to this Securitylnstrument or thatalleges
<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 givers m compliance with the requirements ofSection 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 the once of acceleration given to Borrower pursuant to Section 18 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 subsuncu
<br />defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and me following substances: gasoline,
<br />kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides_ volatile sokent�. materiu6
<br />containing asbestos or formaldehyde, and radioactive materials, (h)' Environmental Law" means federal laws and laws or
<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 />Ne&ItASKA —Surgle Faouly— FarrueMae/Freddie Mac UNIFORM INSTRUMENT Fcon3028 1 /01 (puye 6nJe page..l
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