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201207553
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9/12/2012 8:13:33 AM
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9/12/2012 8:13:33 AM
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201207553
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20�20�553 <br />Subject to the provisions of Section 1 S, any Successor in Interest of Borrawer who assumes Borrower's <br />obligatians under this Security Instrument in writing, and is approved by Lender, shall obtain all af Borrower's <br />rights and benefits under this Securiiy Instrument. Bonower shall not be released from Borrower's obligations <br />and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and <br />agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors <br />and assigns af Lender. <br />14. Loan Charges. Lender may charge Bortower fees far services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the k'roperty and rights under this Security <br />Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any <br />other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall <br />not be construed as a prohibirion on the chazging 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 sub'ect to a!aw which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other �oan charges collected or to be callected in connecdon with the Loan exceed the <br />permitted limits, then: {a} any such loan charge shall be reduced by the arnount necessary to reduce the charge to <br />the permitted limit; and (b} any sums already collected froa� Borrower which exceeded pernutted limits will be <br />refunded to Boaower. Lender may choose to make this refund b� reducing the principal owed under the Note or <br />by making a direct payment to Borrower. If a refund reduces prutcipal, the reductian will be treated as a partial <br />prepayment without any prepayment charge {whether or not a prepayment charge is provided for under the Nate}. <br />Borrawer's accaptance of any such refund made by direct payment to Bonower will constitute a waiver of any <br />right of action Borrower might have arising ovt of such overcharge, <br />15. Notices. All natices given by Borrower or Lender in cotmection with this Security Instrument must <br />be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been <br />given to Borrower when mailed by first class mail or when actually delivered to Bonower's notice address if sent <br />by other means. Notice to any one Borrower shalI constitute notice to all Borrowers unless Applicabla Law <br />expressly requires otherwise. T`he notice address sha11 be the Property Address unless Borrower 6as designated a <br />subsritute notice address by notice to Lender. Borrower shall promptly notify L.ender of Borrower's change of <br />address. If Lender specifies a procedure for reporting Barrower's change of address, then Botrower shall only <br />report a change of address through that specified procedure. There may be only one designated notice address <br />under this Security Tnstrument at any one time. Any norice to Lender shall be given by delivering it or by <br />mailing it by first class maii to Lender's address stated herein unless Lender has designated another address by <br />notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been <br />given to Lender until actually received by Lender. If any notice required by this Security Instrumant is aiso <br />required under Applicable Law, the Applicable Law requ'vementwill satisfy the corresponding rec�uirement under <br />this Security Instrument. <br />I6. Goveraing Law; Severability; Rules ofConstruction. This Sec�mty Instrument shall be govemed <br />by federal law and the ]aw of the jurisdiction in which the Progerty is located. All rights and obligations <br />contained in this Secvrity Instrument aze subject to any requirements and limitations of Applicable I.aw. <br />Applicable Law might explicitly or implicitly allow the pames to agree by contract or it might be silent, but suc.h <br />silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or <br />clause of this Security Instrument or the Note canflicts with Applicable Law, such canflict shall not affect other <br />provisions of this Security Instnzment or the Note which can be given effect without the conflicting provision. <br />As used in this Security Inshvment: {a) words of the masculine gender shall ine.an and include <br />corresponding neuter words or words of the feminine gender; (b} words in the singular shall mean and include the <br />plural and vice versa; and (c) the word "�y" gives sole discrerion without any obligation to take any action_ <br />17. Borrower's Copy. Borrower sha11 be given one copy of theNote and of this Security Ittstrument. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, <br />"Interest in the Property" means any legal or bec►eficial interest in the Progerty, including, but not limited to, those <br />beneficial interests transferred in a bond for deed, conlract for deed, installment sales contract or eserow <br />agreement, the intent of which 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 <br />not a naturai person and a beneficial interest in Bortower is sold or transferted) without Lender's prior written <br />consent, Lender may require irnmediate payment in full af all sums secured by this Security Instrument. <br />However, this option shall not be exercised by Lender if such exercisa is prohibited by Applicable Law. <br />If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall <br />provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within <br />which Borrower must pay all sums secured by this Security Instnrmen� If Borrower fails to pay these sums prior <br />to the expiration of this period, Lender may invoke any remedies pennitted by t�is Security Instrument without <br />further notice or demand on Barrower. <br />19. Borrower's Right to Reiastate After Acceleration. Tf Borrower meets certain conditions, <br />Borrower shail have the right to have enforceraent of this Security Instrurnent discontinued at any time prior to <br />the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in th�s Security <br />Instrument; (b} such other period as Applicable Law might specify for the terminarian of Borrower's right to <br />reinstate; ar(c} entry of a judgrnent enforcing this Security Instrument. Thase conditians are that Borrower: (a} <br />pays Lender a11 sums wluch then would be due under this Secwiry Instrument and the Note as if no acceleration <br />had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses mcurred <br />in enforcing this Security Instrument, mcluding, but not limited to, reasonable attomeys' fees, properry inspection <br />and valuation fees, and other fees incurred for tha puirpose of protecting Lender's interest m the Property and <br />rights under this Security Instrument; and (d) takes such acrion as Lender may reasonably require to assute that <br />Lender's interest in the Pro�erty and rights under this Security Insirument, and Borrower's obl rgation to pay the <br />sums secured by this Secunty Instrument, shall continue unchanged. Lender rnay require tl�at Borrower pay such <br />reinstatement sums and expenses in one or more of the follawing forms, as selected by Lencier; (a) cash; <br />(b} money order; (c} certifed check, bank check, treasurer's check or cashier's check, provided any such check is <br />drawn upon an institution whose deposits are insured by a federal a�ency, inslrumentality or entity; or <br />(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Secunty Instrument and obligations secured <br />hereby shall remain fully efFective as if no accelerarion had occurred. However, this right to reinstate shall not <br />apply in the case of acceleration under Section 18. <br />20. Sale of Note; Change of Loan Servicer; Notice of Grievaace. The Note or a partial interest in the <br />Note (together with this Security Instrument} can be sold one or mare times without prior notice to Boaower. A <br />sale might result in a change in the entity (known as the "Loan Servicer"} that coliects Periodic Payments due <br />NEBl2ASI(A—Singie Fatm7y—Fannie MaelE'reddle Mac'(7NIFORiVI IN$TRUMENT (ME� Form 38281/Ol (page 7 of 9 pages} <br />12439.CV (9/11) 4300102764 Creative Thinking, Inc. <br />GOTaD03f003b) <br />
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