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200802648
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Last modified
3/31/2008 4:04:39 PM
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3/31/2008 4:04:38 PM
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DEEDS
Inst Number
200802648
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<br />200802648 <br /> <br />14. Loan Charges. Lender may charge Borrower fees for services performed in <br />connection with Borrower's default, for the purpose of protecting Lender's interest in the <br />Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, <br />property inspection and valuation fees. In regard to any other fees, the absence of express <br />authority in this Security Instrument to charge a specific fee to Borrower shall not be construed <br />as a prohibition on the charging of such fee. Lender may not charge fees that are expressly <br />prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally <br />interpreted so that the interest or other loan charges 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 limits 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 Borrower or Lender in connection with this <br />Security 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 />Borrower 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 <br />of address, then Borrower shall only report a change of address through that specified procedure. <br />There may be only one designated notice address under this Security Instrument at anyone time. <br />Any notice to Lender shall be given by delivering it or by mailing it by first class mail to <br />Lender's address stated herein unless Lender has designated another address by notice to <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 <br />the corresponding requirement under this Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security <br />Instrument shall be governed by federal law and the law of the jurisdiction in which the Property <br />is located. All rights and obligations contained in this Security Instrument are subject to any <br />requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly <br />allow the parties to agree by contract or it might be silent, but such silence shall not be construed <br />as a prohibition against agreement by contract. In the event that any provision or clause of this <br />Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect <br />other 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 gender shall mean and <br />include corresponding neuter words or words of 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 obligation to take any action. <br />17. Borrower's Copy. Borrower shall be given one copy of the Note and of this <br />Security Instrument. <br /> <br />NE I STMTG 1064 vI <br /> <br />(page 12 of /6 pages) <br />
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