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201300022
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12/31/2013 10:35:23 AM
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1/3/2013 9:02:58 AM
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DEEDS
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201300022
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201300022 <br /> reinstatement will preclude foreclosure on different grounds in the future,or(iii)reinstatement will adversely <br /> affect the priority of the lien created by this Security Instrument. <br /> 11.Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time of <br /> payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br /> to any successor 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 proceedings against any <br /> successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums <br /> secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br /> successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of <br /> or preclude the exercise of any right or remedy. <br /> 12.Successors and Assigns Bound;Joint and Several Liability;Co-signers. The covenants and <br /> agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and <br /> Borrower,subject to the provisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint <br /> and several.Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is co- <br /> signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the Property <br /> under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this <br /> Security Instrument:and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear <br /> or make any accommodations with regard to the term of this Security Instrument or the Note without that <br /> Borrower's consent. <br /> 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by <br /> delivering it or by mailing it by first class mail unless applicable law requires use of another method.The <br /> notice shall be directed to the Property Address or any other address Borrower designates by notice to <br /> Lender. Any notice to Lender shall 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 Lender when given as provided in this paragraph. <br /> 14.Governing Law;Severability. This Security Instrument shall be governed by Federal law and <br /> the law of the jurisdiction in which the Property is located.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 other provisions <br /> of this Security Instrument or the Note which can be given effect without the conflicting provision.To this <br /> end the provisions of this Security Instrument and the Note are declared to be severable. <br /> 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this <br /> Security Instrument. <br /> 16.Hazardous Substances. Borrower shall not cause or permit the presence,use,disposal,storage, <br /> or release of any Hazardous Substances on or in the Property.Borrower shall not do,nor allow anyone else to <br /> do, anything affecting the Property that is in violation of any Environmental Law. The preceding two <br /> 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 <br /> the Property. <br /> Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or <br /> other action by any governmental or regulatory agency or private party involving the Property and any <br /> I-lazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower learns,or <br /> is notified by any governmental or regulatory authority, that any removal or other remcdiation of any <br /> Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary <br /> remedial actions in accordance with Environmental Law. <br /> As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or <br /> hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other <br /> flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials <br /> containing asbestos or formaldehyde,and radioactive materials.As used in the paragraph 16,"Environmental <br /> Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, <br /> safety or environmental protection. <br /> NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: <br /> 17.Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the 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 the Property to pay the rents to Lender or Lender's agents.However,prior <br /> to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security <br /> Instrument.Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit <br /> of Lender and Borrower.This assignment of rents constitutes an absolute assignment and not an assignment <br /> for additional security only. <br /> If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by <br /> Borrower as trustee for benefit of Lender only,to be applied to the sums secured by the Security Instrument; <br /> (b)Lender shall be entitled to collect and receive all of the rents of the Property;and(c)each tenant of the <br /> Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the <br /> tenant. <br /> Borrower has not executed any prior assignment of the rents and has not and will not perform any <br /> act that would prevent Lender from exercising its 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,Lender or a judicially appointed receiver 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 rents of the Property shall terminate when the debt secured by <br /> the Security Instrument is paid in full. <br /> 18.Foreclosure Procedure.If Lender requires immediate payment in full under Paragraph 9, <br /> Lender may invoke the power of sale and any other remedies permitted by Applicable Law. Lender <br /> shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 18, <br /> including,but not limited to,reasonable attorneys'fees and costs of title evidence. <br /> If the power of sale is invoked,Trustee shall record a notice of default in each county in which <br /> any part of the Property is located and shall mail copies of such notice in the manner prescribed by <br /> Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time <br /> required by Applicable Law,Trustee shall give public notice of sale to the persons and in the manner <br /> prescribed by Applicable Law. Trustee,without demand on Borrower,shall sell the Property at public <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 public announcement at the time and place of any previously scheduled sale. <br /> Lender or its designee may purchase the Property at any sale. <br /> 16251,('V(9.11) 907973 <br /> Page 4 of 5 <br /> GOTOI 011244239 ,f l I <br /> /4( <br />
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