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<br />88- 105043 <br /> <br />5. IIORROWER'S R1GIIT TO PREPAY <br />I have the riSht to make payments of principallu any time before they arc due. A payment of principal only is known as o,"prepnymc'1l." <br />When I make: a prepayment, I will tell the Note' Holder In writing that I am doing so. <br />I may make a full prepayment or B partial prepayment without paying any penalty. The Note Holder will use all of my prepayments to <br />reduce the amounl or principal that I owe under this Nole. If I make n partial prepayment, there will be no delays in the due dates of my monthly <br />payments unless the Note Holder qrres in writing to those delays. My partiel prepayment will reduce the amount of my monthly payments after <br />the first Change Dale following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate <br />increase. <br /> <br />6. WAN CIIARGES <br />If a law which applies 10 this loan and which sets maximum loan charges is finally Interpreted 50 that the interest or other loan charges <br />coUe..:tcd or to be collected In connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount <br />necesslll')l to reduce the charge to the ~nniued limit; and (i1) any sums already collccted from me which exceeded penniued limits will be <br />refunded to me. The NOle Holder may choose [0 makc this refund by reducing Ihe rrincipal I owe under this Note or by making a dircct <br />payment to me. If a refund reduces principal, the reduclion will be treated IlS a partial prepayment. <br /> <br />7. BORROWER'S FAILURE TO PAY AS REQUIRED <br />(A) Late CJaarae for Overdue' Paymrnla . <br />If the Note Holder has not received the full amOUR[ of nny of my monthly payments by the end of F 1 fteen <br />after the date it is due, I will pay a late charge 10 the Note Holder. The amount of the charge will be t 1ve <br />payment of principal and intcresl. I will pay this late charge promptly but only once on any late payment. <br /> <br />calendar days <br />1170 of my overdue <br /> <br />(8) llef..U <br />If I do not pay the full amount of each monthly payment on the datc it is due, I will be in default. <br /> <br />(C) Noder of Default <br />If 1 am in default. the NOle Holder may send me a written norice telling me that if I do not pay the overdue amount by a certain date <br />the Note Holder may require: me to pay immediately the full amount of principal which has nOI been paid and all the interest that I owe on that <br />amount. That date must be at least 30 days after the date on which the notice is mailed or delivered to me. <br /> <br />(0) No Waiver b,. Nole Holder <br />Even if, at a time when J am in default. the Nole Holder does not require me 10 pay immediately in full as described above, the Note <br />Holder will still have (he right 10 do so if I am in default at a later time. <br /> <br />(E) Paymeal of Nolr Holder's Coab and Ex~Dles <br />If the Note Holder has required me 10 pay immediately in full as described above. Ihe Note Holder will have the right to be paid back <br />by me for all its reasonable costs and CJlpense.~ 10 the extent not prohibited by applicable law. Those expenses may include, for example. <br />reasonable anomcy's fces. <br /> <br />I. GIVING OF NOTICES <br />Unless applicable law requircs a different method, any notice must be given 10 me under this Nole will be given by mailing it by first class <br />mail or by delivering it to me at the Property Address above or at n different address if I give the Note Holder a notice of my different address. <br />Any notice that mwt be given to the Nole Holder under Ihis Nole will he given by mailing it by fint class mail to the Note Holder 01 the <br />address statr:d in Seclion 3(A) above or aL a different address if lam given n nolice of thai different address. <br /> <br />9. OBLIGATIONS OF PERSONS UNDER TIllS Non; <br />If more than one person signs this Note, each pcrson is fully and ptrsonally obligated to keep all of the promises made in this NOle, <br />including the promise to pay (he full amount OWL-d. Any person who is a guarantor, .~urety, or endorser of this NOle is also obligated 10 do these <br />things. Any person who takes over these obligations including the obllglltions of II guarantor, surely, or endorser of this Note, is also obligated <br />to keep aU of the promises made in Ihis Note. The NOle Holder may enforce its rights under this NOle against each person Individually or againsl <br />aU of us together. This means thai anyone of us may be required to pay all of the amounts owed under lhis Note. <br /> <br />10. WAIVERS <br />I and any othcr pcrson who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means <br />the righltO require the Note Holder to demand payment of amounts due. "Notice of dishunor" means the right to require the Nole Holder to <br />give notice to other persons that amounts due have nol been paid. <br /> <br />11. THIS NOTE SECURED BY A SECURIT\' INSTRUMENT <br />In addition to the protectioD5 given to the Note Holder under this NOle, a Mortgage, Deed of Trust. or DCt.!d to Secure Debt (the "Security <br />Instrument") with an Adjustable Rate Rider, dated the same dny as this Note, prolects the NOle Holder from possible losses which might result <br />if I do not keep the promises which I make in this Note. That Security Instrument and Rider describe how and under what conditions I may be <br />required to make immediate payment in full of all amounts Lhat I owe under this Note. Some of those conditions arc described as follows; <br />"Transfer of the Propcny or a Beneficial Interest in Borrower." If all or any part of the Property or an interest therein Is sold or <br />transferred (or if a beneficial intercst in Borrower is sold or transferred and Borrower is not u natural person) without Lender's prior written <br />consent, Lender may, at Lender's option, declare all the SUfm sC'CUrcd by this Security fnstrument 10 be immcdialcly due Bnd payable. However. <br />this option.shall not be excrcisu1 by Lender if excrcise is not authorized by Federal law. Lender may waive the exercise of this oplion if: (a) <br />Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee a~ if a new loan wcre being made <br />to the transferee; and (b) Lender reasonably determines thai Lender's security will nOI be impaired by Ihe loan as.~umption and thai the risk of a <br />breach of any covenant or agreement in this SecurilY Instrument is acceptable to lender. <br />To the extent pcnniucd by applicable law, Lender may charge a reasonable fee as a condition 10 lender's consent to the loan assumption. <br />Len-Jcrmay also require the transferee 10 keep alllhe promisl:S and agreements made in the Note and in Lhis SecurilY Instrument. <br />"If Le:oder exercises such option to accelerate, Lender shall mail Borrower hOlice of acceleration in accordance with paragraph 14 her~of. <br />Such notice shall provide a period of not less than 30 days from the date Ihe nolke is mailed within which Borrow~r mllY pay the sums declared <br />due. If Borrower fails 10 pay 5ueh sums prior to Ihe expiralion of such period. lender mall, without fUf1her nOlice or demand on Borrower, <br />invoke any remedies pcnniued by this Security Instrumenl. " <br />"Notwithstanding a &ale or transfer. Borrower will continue to be ohli[!:Btcd under lhe Note and [his Security In.~trument unleioli Lender haS) <br /> <br />r~::. ::~::~~;::~''''II'I.llb''ndml.nrd.J1V LL'viQ. \XV l..k-\. 1,f(~O" <br />~ ~~~11d L. Ju~-~ IT <br /> <br /> <br />. . .c ISral1 q ,)("\ , \_/ <br />noRROWER . .~~ f-\'. ~...\....tC It c'wall <br />,SI(JN OHltilNJ\1 ONI YI Sha ron R. ]ur;:H:~~~lIllf{kll\\ H~ <br />