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99105040
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Last modified
3/13/2012 5:41:33 PM
Creation date
10/20/2005 11:22:10 PM
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DEEDS
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99105040
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� gg_ 1GsQ4o <br /> LOAN ��: 2015165 <br /> Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone <br /> the due date of the monthly payments refened to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11.Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of <br /> amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Bonower shall not <br /> operate to release the liability of the original Bonower or Borrower's successors in interest. Lender shall not be required to <br /> commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br /> the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in <br /> interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right <br /> or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this <br /> Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br /> paragraph 17. Bonower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br /> Insirument but does not execute the Note: (a) is co-signing this Security Insmiment only to mortgage, grant and convey that <br /> Bonower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br /> secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br /> make any accommodations with regard to the terms of this Security Instrument or the Note without that Bonower's consent. <br /> 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets m�imum loan chazges,and <br /> that law is finally interpreted so that the interest or other loan cha�•ges collected or to be collected in connection with the loan <br /> exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the <br /> permitted limit; and(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. <br /> Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. <br /> If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br /> 14.Notices. Any notice to Bonower provided for in this Security Instrument shall be given by delivering it or by mailing it <br /> by 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 Bonower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address <br /> stated herein or any other address Lender designates by notice to Bonower. Any notice provided for in this Security Instrument <br /> shall be deemed to have been given to Bonower or Lender when given as provided in this paragraph. <br /> 15.Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction <br /> in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br /> applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br /> without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. <br /> 16.Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is <br /> sold or transferred (or if a beneficial interest in Borrower is sold or uansferred and Bonower is not a natural person) without <br /> Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security <br /> Instrument. However, this opt�on shall not be exercised by Lender if exercise is prohibited by fecleral law as of the date of this <br /> Security Instrument. <br /> If Lender exercises this oprion,Lender shall give Bonower notice of acceleration.The notice shall provide a period of not less <br /> than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security <br /> Instrument.If Bonower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by <br /> this Security Instrument without further notice or demand on Borrower. <br /> 18.Borrower's Right to Reinstate. If Borrower meets certain conditions,Borrower shall have the right to have enforcement <br /> of this Security Instr�ment discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may <br /> specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) <br /> entry of a judgment enforcing this Security Instrument. Those conditions aze that Bonower: (a)pays Lender all sums which then <br /> would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other <br /> covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, <br /> reasonable attorneys' fees; and (d) takes such action as L.ender may reasonably require to assure that the lien of this Security <br /> Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall <br /> continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secwed 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 <br /> pazagraph 17. <br /> 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security <br /> Instrument)may be sold one or more times without prior notice to Borrowrer. A sale may result in a change in the entity (known as <br /> the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. Tfiere also may be one or <br /> more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Bonower will be given <br /> written notice of the change in accordance with pazagraph 14 above and applicable law.The notice will state the name and address <br /> of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information <br /> required by applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br /> Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property <br /> that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use,or storage on the <br /> Property of small quantities of Hazazdous Substances that aze generally recognized to be appropriate to normal residential uses and <br /> to maintenance of the Property. <br /> Bonower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br /> governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of <br /> which Bonower has actual knowledge. If Bonower learns, or is notified by any governmental or regulatory authority, that any <br /> removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall prompdy take all <br /> necessary remedial actions in accordance with Environmental Law. <br /> Initial <br /> �o-6H(NE) �saoi�.os CHL(01/98) Paye a or s Form 3028 9/90 <br />
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