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90106409
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Last modified
10/20/2011 10:14:08 PM
Creation date
10/20/2005 9:58:58 PM
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DEEDS
Inst Number
90106409
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+f f 7 . e; = <br />�i�; :zap=„ <br />!. tBfeartds fir Ateebratita of Debt. go°° 106409 <br />(a) DdMW Lender may, except as limited by regulations issued by the Secretary in the case of payawnt defaulta, rcquire <br />im- mediate payment In full of alls}stns secured by this Security Inurument if: <br />lit a Borrower date of the rent (ailing t payment any monthly payment required by this Security instrument prior to or on <br />((i) Borrower defaults by failing. for a period of thirty days, to perform any otber obligations contained in this Security <br />lattrument. <br />ii [>�im � in M of AU ttM Lender ardired Security lInstrurneMiaw 1 wi t]t tine prior approval of the Saert4ary. cequlee if <br />0i All or part Of the Property is oeamjso transferred (other that by devise or d:tcent) by the Bottowrct, and <br />(ii) Tlti Property is M OW44W by the parr hwa or 6ramee as his or her ptrimuY cc secondary Rsidence. Of the p►uchaxr Of <br />gi - - F don so oowpy the Property but his or her credit Iran not bem sppnnvd in awotdmOC With the regairetnents of tl►e Soctstaty. <br />(e) No Walrer. if circumstances does not oft woad permit eenderrarequire bsmediat event in full. but Lender does not <br />r..gtrire such paym . rs, <br />(d) ItMktlsarf of Ii_?JD SK a xy. In many circumstances regulations issued. by the Socretary will limit Lender's rights, in <br />the can of payment defaulta, to require immediate payment in full and foreclose if not paid. This Security Instrument does <br />not authorize acceleration or foreclosure if not permitted by regulations of file accrctaty. <br />H. RelMUSCOw . Borrower has a right to be reinstated if Lender has rewired immediate payment in full because of <br />Borrower's failure to pay an amount due under the Note or this Security instrument. This right applies even after foreclosure <br />proceedings are instituted. To reinstate the Security Instrument. Borrower shall tender in a lump sum all amounts required to <br />bring Borrower's account current including, to the extent they are obliptloas of Borrower under this Security Instrument, <br />foreclosure costs and reasonable and customary attorney's fees and expenses Properly associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower, this Security instrument and the obligations that it secures shall remain in effect as <br />if Leader had not required immediate payment in full. However. Lender is not required to permit reinstatement if: (i) Lender has <br />accepted reinstatement aRer the commencement of foreelosure proceedings within two Years immediately preceding the <br />commencement of a current foreclosure proceeding. (9) reinstatement will preclude foreclosure on different grounds in the <br />future, or ( iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. <br />IL Borrower Not Released; Fasbesraaoe By Leader Not a waher. Extension of the time of payment or modification of <br />arnoaf nation of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not <br />operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to <br />cornmence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization demand m of the sums <br />successors in in�erest.bAny this by�Leendevin exercising any right or remedy shall not bye a waiver of or preclude the <br />exeraw of any right or remedy. <br />IL Sooeasoss sad Asia gonad; JOIN and Sevefal LiablUty; Co- Sigaers. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9.b. <br />Borrower's covenants and agreements shall be joint and several. Any Bormser who co -signs this Security lostrumest but does <br />not execute the Note- Qa) is co- signing this Security instrument only to mortgage,. Brant and convey that Borrower's Interest in <br />the Property under the terms of this Security Instrument; (b) is not personally ObL Zv=d to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify. forbcstr or make any <br />accommodations with regard to the term of this Security instrument or the Note wiahout that Borrower's commit. <br />U. Ngtl m Any notice to Borrower provided for in this Security Instrument shall, be given by dklivering it or by mailing it by <br />first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any <br />other address Borrower designates by notice to Lender. Any notice to Lender shao be given by rust class mail to Lenders address <br />stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Inumment shall <br />be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Severabllity. This Secu&-g Instrument shall be governed by Federal law and the law of the jurisdiction in <br />which the Property is located. In the event flat M provision or clause of this Security Instrument or the Note conflicts with ap- <br />plicable law, such conflict shall not affect other provisions of this Security lnsm ment or the Note which can be given effect <br />wiftut the conflicting provision. To this end the provisions of this Securi,- Instrurnent and the Note are declared to be <br />severable. <br />JS. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. <br />ff. Assipsust of Rents. Borrower uncondidorally assigns and transfers to Lender all the rents and revenues of the Property. <br />Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property <br />to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any cove - <br />nauY Or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee <br />for ite benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for <br />additional security only. <br />If Lender gives notice of breach to Borrower: (a)• xa rents ceozavz.4 >vy Borrower shall be held by Borrower as trustee foc bem"it . <br />of Lender only, to be applied to the sums secured by the 5ecurt; ilaarortrcmt; (b) Lender shall be entitled to coMm card ==%T ai <br />of the trots of the Pmperty. and (c) each tenant of the Property sr., aE C "r all rents due and unpaid to Lender W-c Lmmdes agesi . <br />on Lender's written demand to the tenant. <br />f3k =wer has net executed any prior assignment of the rems sad has net and will not perCarm any act ¢[rat would RMOM <br />Leader from .sey„o its rights under this paragraph 16. ' <br />Lender shall acct. btrequired to enter upon, take control of or maintain the Po3petty before or after giving nad= of breach to <br />Borrower. Howe so-,. L' mder or a judicially appointed receiver may do so at am?. time there is a breach. Any ag fication of rents <br />shalt not rue or waive any default or invalidate art} other right or remedy of Lender. This assignment of rents of the Property <br />shall terminate when the debt =erred by the Security Instru.m:Ltim is paid in full. <br />Page 3 of 4 <br />_ W - <br />7- <br />t~ <br />f , <br />i <br />f; <br />f .. <br />
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