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<br />200802449 <br /> <br />charging of such fee. Lender may not charge fees that are expressly prohibited by this Security <br />Instrument or by Applicable Law. <br />If the Luan is subject to a law which sets maximum loan charges, and that law is finally <br />interpreted so that the interest or other loan char~es collected or to be collected in connection <br />with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the <br />amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected <br />from Borrower which exceeded permitted I1mits will be refunded to Borrower. Lender may <br />choose to make this refund by reducing the principal owed under the Note or by making a direct <br />payment to Borrower. If a refund reduces princIpal, the reduction will be treated as a partial <br />prepayment without any prepayment charge (whether or not a prepayment charge is provided for <br />under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower <br />will constitute a waiver of any right of action Borrower might have arising out of such <br />overcharge. <br />15. Notices. All notices given by Burrower or Lender in connection with this Security <br />Instrument must be in writing. Any notice to Borrower in connection with this Security <br />Instrument shall be deemed to have been given to Borrower when mailed by first class mail or <br />when actually delivered to Borrower's notice address if sent by other means. Notice to anyone <br />Horrower shall constitute notice to all Borrowers unless Applicable Law expressly requires <br />otherwise. The notice address shall be the Property Address unless Borrower has designated a <br />substitute notice address by notice to Lender. Borrower shall promptly notify Lender of <br />Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of <br />address, then Borrower shall only repurt a change of address through that specified procedure. <br />There may be only one designated notice address under this Security Instrument at any une time. <br />Any notice to Lender shall be given by delivering it ur by mailing it by first class mail to <br />Lender's address stated herein unless Lender has designated another address by notice tu <br />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. If any notice required by this Security <br />Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the <br />corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall <br />be governed by federal law and the law of the jurisdiction in which the Property is located. All <br />rights and obligations contained in this Security Instrument are subject to any requirements and <br />limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to <br />agree by contract ur it might be silent, but such silence shall not be construed as a prohibition <br />against agreement by contract. In the event that any provision ur clause of tillS Security <br />Instrument or the Nute conflicts with Applicable Law, such conflict shall not affect uther <br />provisions of this Security Instrument or the Note which can be given effect without the <br />conflicting provision. <br />As used in this Security Instrument: (a) words of the masculine ~ender shall mean and <br />include corresponding neuter wurds or words uf the feminine gender; (b) words in the singular <br />shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion <br />without any obligatiun to take any action. <br />17. Horrower's Copy. Borrower shall be given one copy of the Note and of this Security <br />Instrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this <br />Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, <br />including, but not limited to, thuse beneficial interests transferred in a bund for deed, contract fur <br />deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by <br />Burrower 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 <br />Borrower is not a natural person and a beneficial interest in Borruwer is sold or transferred) <br />without Lender's prior written consent, Lender may require immediate payment in full of all <br />sums secured by this Security Instrument. However, this option shall not be exercised by Lender <br />if such exercise is prohibited by Applicable Law. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice <br />shall provide a period of not less than 30 days from the date the notice is given in accordance with <br /> <br />_ -6(NE) (04071 <br /> <br />Paga 11 of 16 <br /> <br />Initials: 1-1-1/ i4 " <br />J) A L Form 3028 1/01 <br />FNA- <br />