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200501942 <br />10. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is <br />finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: <br />(a) any such charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from <br />Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Contract or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment <br />under the Contract. <br />11. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail <br />unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower <br />designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender <br />designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender <br />when given as provided in this paragraph. <br />12. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the <br />Property is located. In the event that any provision or clause of this Security Instrument or the Contract conflicts with applicable law, such conflict <br />shall not affect other provisions of this Security Instrument or the Contract which can be given effect without the conflicting provision. To this and <br />the provisions of this Security Instrument and the Contract are declared to be severable. <br />13. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />14. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or <br />transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written <br />consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not <br />be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days <br />from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to <br />pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or <br />demand on Borrower. <br />15. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this <br />Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) <br />before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security <br />Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Contract <br />as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure <br />that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security <br />Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain <br />fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 14. <br />16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous <br />Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any <br />Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous <br />Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. <br />Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or <br />regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual <br />knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous <br />Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. <br />As in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the <br />following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br />containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of <br />tha i„ricrli"inn whora tha Prnnarty is Incatnd that relate to health. safety or environmental protection. <br />By initialing, I acknowledge this is page 4 of 6 <br />of the Deed of Trust. Initials Initials Initials Initials <br />.c7 Coovriaht Compliance Systems, Inc. 1994, 1995, 1997, 1999 Compliance Systems, Inc. <br />oc'^ — .,. .r;. ,oao <br />ITEM 423NEL4 19902A) Page 4 of 6 <br />