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201200928
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Last modified
3/7/2012 11:25:03 AM
Creation date
2/6/2012 9:37:18 AM
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DEEDS
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201200928
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201200928 <br /> reinstatement wIli preclude foreclosure on differenC grounds in the future,or(iii)reinstatement wiil adversely <br /> affect the priority of the lien created by this Security Instrument. <br /> 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extcusion of thc time of <br /> payment or modification of amortization of the sums secured by this Security Instrument grinted by Lendcr <br /> to any succescor in interest of Borrower shall not operate to release the liability of the original Borrower or <br /> Borrower's successor in interest. Lender shall not be required to commence proceedinas against any <br /> successor iu interest or refuse to extend rime for payment or otherwise modify amoriization of the sums <br /> secured Uy this Security Instrument by reason of any demand made by the original Borrower or Borro���er's <br /> successors in interest.Any forbearance by Lender in exercising any right ar remedy shall not Ue a waiver of <br /> or preclude the exercise of any right or remedy. <br /> 12.5uccessors and Assigns Sound;Joint and Several Liability;Co-signers. The covenants and <br /> agrcemcnts of this Security Instrument shall bind and benefit the successars and assigns of Lender and <br /> Borrower,subject to the provisians of Pan.graph 4(b).Borrower's covenants and agreements shall bc joint <br /> and several. Any Borrower who co-signs this Security instrument but does not execute the Nnte: (1)is eo- <br /> signing this Security IT�slrument only lo morlgage,�ant and convey that Borrower's interest in the ProperLy <br /> under the tenns of this Security Instrument;(b)is not personally obligaCed to pay Uie suais secured by this <br /> � Security Instrument;and(c)agrees that Lender and any other Bonower may agree to extend,modify,forbear <br /> or make any accommodations with regard to the term of this Security Insa2unent or the Note without that <br /> Borrower's consent. <br /> 13. NoHces. Auy noticc to Borrower provided for in this Security Inshument shall be given by <br /> delivering it ar by inailing it Uy first class maIl uuless applic�ble law requires use of another mclhod."1'he <br /> noLice shall be directecl to the Property Address or any other address Borrower designates by notiee to <br /> Lender. Any norice to Lender sha11 be given by first class mail to Lender's address stated herein or any <br /> address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be <br /> deemed to have been given to Borrower or Lcndcr tvhen�ivcn as provided in tlus pazagraph. <br /> 14.Governing Law;Severability. This Security fiishument shall be govemed by Federal law arid <br /> the law of the judsdicLion in which the Property is located.In the event that any provision or elause of this <br /> Security Iustrument or the Note conflicts with applicablc law,such conflict shall not affect other provisions <br /> of this Security uistrument or the Note which can be given effect without the conflicting provision.To tUis <br /> end the provisions of this 5ecurity instrument and the Note are declared to be severable. <br /> 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note aiid of this <br /> Security Instnimcnt. <br /> 16.Hazardons Substances. $orrower shall not caiuse or permit the presence,use,disposal,storage, <br /> or release of any Hazardous Substances on or in the Properry.Borrower shall not do,nor allovv anyone else to <br /> do, anylhing a£fecCing the Property that is in violation of any Environmental Law. The preceding two <br /> senteuces shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous <br /> SuUstances that are generally recosnized to be appropriate to nortnal residential uses and to maintenance of <br /> the Property. <br /> Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or <br /> other acfion by any govcmmcntal or regulatory agency or private party involving the Property and any <br /> Hazardous Substance or�nvironmental Law of which Borrowcr has actual knowledae.If Borrower learns,or <br /> is notit3ed by any governmental or regulatory authority, that 1ny removal or othcr rcmcdiation of any <br /> Hazardous Substances affecting the Properry is necessary, Borrower sh�ll promptly take all nccessary <br /> remedial actions in accordanee with Environmental Law. <br /> As used in diis parasraph 16, °Hazardous Substances" are those substances defined as toxic or <br /> hazardous substances by finviroivnental Law and Yhe followuig substances: gasoline, kerosene, other <br /> flammable or to�c petroleum product�s, toxic pesticides and herbicides; volatile solvents, materials <br /> containing asbestos or formaldehyde,and radioactive materials.As used in the paragraph 16,"Enviroiunental <br /> Law" means federal laws and laws of thc jurisdiction«�here the Property is located that relate to health, <br /> safety or encironmental protection. <br /> NON-UNIFORM COVENANTS.Borcower and I..ender fiu�lier covenant and agrce as follows: <br /> 17.Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all thc rents <br /> and revenues of the Property.Borrower authorizes Lender or Lender's agents to collect the rents and revenues <br /> and hereby directs each tenant of die Property to pay the rents to Lender or Lender's agents.However,prior <br /> w Lcnder's notice tv Borrower of Borrower's breaeh of any covenant or agreement in the Securily <br /> Instrumeut,Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit <br /> of Lender and Borrower.This lssignmenY of rents conscitutes an absolute assignment and noC an assignment <br /> for additional security only_ <br /> If Lender gives no[ice of breach to Borrower. (1) all rents received by Borrowcr shall be held by <br /> Borrowcr as trustee for benefit of Lender only,to be applied to the sums secured Uy the Security Iustnimcnt; <br /> (b)Lender shall Ue entitled to collect and receive all of the rents of t�ie Property;and(c)each teiiaut of the <br /> Property shall pay all rents due and mipaid to Lender or Lender's agent on Lender's writcen demand to die <br /> tenant. <br /> Sorrower has not executed any prior assignment of the rents and has iiot aud�vill not perfonn azry <br /> act that would prevent Lender from exercising it�rights under this Paragraph 17. <br /> Lender shall not be required to enter upon,take control of or maintain the Property before or after <br /> giving notice of breach to Borrower. However,i,ender or a judicially appointed receivcr may do so at any <br /> time there is a breach Any application of rents shall not cure or waive any default or invalidate any other <br /> right or remedy of Lender.This assignment of rcnts of the Property shall temunate wben the debt secured Uy <br /> the Security Tnstrument.is paid in full. <br /> 18.Foreclosure Procedare.If Lender requires immediate payment in f�dl under Paragraph 9, <br /> Lender may invoke the po�ver of sale and any other remedies permitted by A�plicable Law. Lender <br /> shall be enriUed to collecC all expenses incurred in pursuing the remedies provided in this Scction 18, <br /> including,but not limited to,reasonable attorneys'fees and costs of title evidence. <br /> If the pow�er of sale is invoked,Trustee shall record a notice of default in each county in which <br /> any part of the Praperty is located and shstll maii copies of snch notice in the manner prescribed hy <br /> AppGcable Law to Borrower and to the other persons prescribed by Applicabie Law. After the time <br /> required by Applicable Law,Truslee shall give public notice of sale to the persons and in the manner <br /> prescribed by Applicable Law. Trustee,without demand on BorroFVer,shall sell khe Property at puhlic <br /> auction to the highest bidder at the time and place and under the terms designated in the notice of saLe <br /> in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any <br /> parcel of the Property by pnblic annonncement at the fime and place of any pre��ously scheduled sa(e. <br /> i.ender or its designee may purchasc thc Property at any sale. <br /> 7625G.CV(9/11) 906459 <br /> Page 4 of 5 <br /> G07'O(UUl aa <br /> � <br />
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