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<br />200703032 <br />LOAB .. 8250190803 <br />any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) <br />any sums already collectml from Borrower which exceeded permittoo limits will be refunded to Borrower. Lender may <br />ehoose to make this refUnd by reducing the principal owed und~ the Note or bymaklng a direct payment to Borrower. <br />If a refund roouces principal, the reduction will be treated as a par1ial prepayment without any prepayment charge <br />(whether or nota prepayment charge Is provided 10r under the Note). Borrower's acceptance ofanysuch refund made <br />by direct payment to Borrow~ will constitute a waiver of any right of action Borrower might have arising out of ",uch <br />overcharge. <br />15. NoUeea. All notices given by Borrower or Lender in connection with thill Security Instrument must be in writing. <br />Any notice to Borrower in connectlon with this Security Instrument shall be deemed to have been given to Borrower when <br />mailed by first clas 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 aJ 8oIrowers 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 prompUy 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 addnlSS through that "'pacified procedure. <br />There may be only on. designated nolica address under thi$ Security Instrument at anyone time. Any nolica to I.9nder <br />",hall be given by delivering it or by mailing it by first class mail to Lender'", address stated herein unl"s Lender has <br />designated another address by notice to Borrower. Any notice In connection with this Security Instrument shall not be <br />deemed to have been given to Lender until actually received by Lender. If any notice required by thill Security Instrument <br />is also required under Applicable Law, the AppliCable Law requirementwlll satisfy the corresponding requirement under <br />thill Security Instrument. <br />18. Governing Law; S.YWldJIllty. RuI.. of Con8trucllon. This Security Instrument shall be govemed by federal <br />law Ilnd the law of the juri$diction in which thl!l PrapflI'ty it; located. AI rights al'Kl obligations contained in this Security <br />Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law mightexpllcitly or Implicilly <br />allow the parties to agree by contract or it might be silent, but$Uch silence shall not be construed a", a prohibition against <br />agreement by contract. In the event that any provision or clause of this Security Instrument or the Note 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 thill 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 shaR mean and Include the plural and vice versa; and <br />(c) the word "may" g~ sole discretion without any obligation to take any action. <br />17. Borrow"'. COpy. Borrower shal be given one copy of the Note and of this Security Instrument <br />18.. Tran.r of the Property OJ' a a...fteUlf Intarast In Borrower. As used in thi!:: Section 18, MlnterE$t in the <br />Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial inte~ts <br />transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which <br />is the transfer of title by Borrower at a future date to a purchaser. <br />If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural <br />person and a beneficial interest in Borrower i!:: sold or transferred) without Lender's prior written consent, Lender may <br />require immooiate payment in full of aI sums secured by this Security Instrument However, this option shall not be <br />exercised by lMder if such exercise 1$ prohibited by Applicable Law. <br />If Lender exercises this option, Lender Shall give Borrower notice of acceleration. The notice Shall provide a p~iod <br />of not less than 30 days from the dale the notice is given in accordance with Section 15 within which Borrower <br />must pay all sums secured by this Security InstrYrnent If Borrower fails to pay these sums prior to the expiration of <br />this period, Lender may invoke any remedies permitted by thi!:: Security Instrument without further notice or demand <br />on Borrower. <br />19. Borrow.r'. RIght to Reinstate After AcceMraUon. If Borrower meets certain conditions, Borrower shall have <br />the right to have enforcement of thl$ Security Instrument disconUnued at any Ume prior to the earlIest of; (a) live days <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period <br />as Applicable law might "'pacify for the termination of Borrower'", right to reiO$late; or (c) entry of a judgment enforcing <br />this Security Instrument. Those conditions are that Borrower: (a) pa~ Lander .. sums which then would be due under <br />this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default ot any other covenants <br />or agreements; (c) pays aD expenses incurred In enforcing this Security Instrument, Including, but not limited to, <br />reasonable attorneY"" fees, property inspection and valuation fees, and otherfees incurred for the purpose of protecting <br />Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may <br />reasonably require 10 assure that Lender'", interest in the Property and rights under this Security Instrument, and <br />Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may <br />require that Borrower pay such ~O$tatement sums Ilnd expen$es in one or more of the following 1orm$, 4$ selected <br />by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's Check or cashier's check, provided <br />any such check is drawn upon an institution whose depooit$ are in",ured by a federal agency, instrumentality or entity; <br />or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured <br />hereby ",hall remain fully effective as if no acooleration had occurred. However, this right to reinstate shall not apply in <br />the case of acceleration under Sectlon t 8. <br />20. Sale of Note; Ctu.ngo of Loan SeMoer; 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 <br />r8$ult in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and <br />this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security <br />Instrument, and Applicable Law. There also might be on8 or mora changes of th8 Loan S&Ivicer unr&laled to a sale of <br />the Note, If th~e is a change of the Loan SeMcer, Borrower will be given written notice of the change which will stale <br />the name and addr8$'" of the new loan SenIlcer, the address to which paymenl$ ",hould be made and any other <br />informatlon RESPA requires in connection with a notice of transfer ofservic:ing. If the Note is sold and therutlerthe loan <br />is serviced by a loan Servicer olherthan the purchilserot the Note, the mortgage loan servicing obHgations to Borrower <br />will remain with the loan Servlcer or be transferred to a successor Loan Servicer and are not assumed by the Note <br />purchaser unless otherwise provided by the Note purchaser. <br />Neither 80r'r0\wr nor Lender may commen.:., join, or be joined to any judicial.clion (as either an indo <br />or the member of a class) that arises from the other party's actions pursuant to this Security Instrument r <br />Initials. <br />NE8flASKA--Slngle FQrn/ly-FIIIlI1" UlIe/Fnoddle ..... UNIFORM _mUMENT ~ _1/01 <br />@ l~Onlin..~ Joe, P'vCl 7 of 9 <br /> <br />