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99106046
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Last modified
3/13/2012 6:05:38 PM
Creation date
10/20/2005 11:41:22 PM
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DEEDS
Inst Number
99106046
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�9- 1�sQ4s <br /> Unless Lender and Bonower otherwise agree in writing,any application of proceeds to principal shall not extend <br /> or postpone the due date of the monthly payments refened to in paragraphs 1 and 2 or change the amount of such <br /> payments. <br /> 11. Boirower Not Released; Forbearance By I.ender Not a Waiver. Extension of the time for payment or <br /> modification of amortizadon of the sums secured by this Security Instrument granted by Lender to any successor in <br /> interest of Bonower shall not operate to release the liability of the original Borrower or Borrower's successors in <br /> interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to eatend <br /> time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br /> demand made by the original Borrower or Borrower's successors in interest. Any forbearance by I.ender in exercising <br /> any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br /> 12. S�ors and A�s Bound; Joint and Several Liability;Co-sig�rs. The covenants and agreements of this <br /> Security Instrument sba11 bind and benefit the successors and assigns of Lender and Bonower, subject to the provisions <br /> of paragraph 17. Bonower's covenants and agreements shall be joint and several. Any Bonower who co-signs this <br /> Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to grant, bargain, <br /> sell, convey and confirm that Bonower's interest in the Property under the terms of this Security Instrument; (b) is <br /> not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br /> Borrower may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security <br /> 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 maximum loan <br /> charges, and that law is finally interpreted so that the interest or other loan cbarges collected or to be collected in <br /> connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br /> necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Bonower which <br /> exceeded permitted limits will be refunded to Borrower. Lender nnay choose to make this refund by reducing the <br /> principal owed under the Note or by making a direct payment to Bonower. If a refund reduces principal, the reduction <br /> will be treated as a partial prepayment without any prepayment charge under the Note. <br /> 14. Notioes. Any nokice to Bonower provided for in this Security Instrument shall be given by delivering it or by <br /> mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br /> Property Address or any other address Borrower designates by notice to Lender. Any nodce to Lender shall be given <br /> by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any <br /> notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br /> as provided in this paragraph. <br /> 15. Gavetning I.aw; Severability. This Security Instrument shall be governed by federal law and the law of the <br /> jurisdiction in wluch the Property is located. In the event that any provision or clause of this Security Instrument or <br /> the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the <br /> Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument <br /> and the Note aze declared to be severable. <br /> 16. Borrow�er's Copy. Bonower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 17. Transfer of the Pmperty or a Beneficial I�erest in Bormw�er. If all or any part of the Property or any interest <br /> in it is sold or transferred (or if a beneficial interest in Bonower is sold or transferred and Bonower is not a natural <br /> person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all <br /> sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited <br /> by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Bonower <br /> nodce of acceleration. The notice sha11 provide a period of not less than 30 days from the date the notice is delivered <br /> or mailed within which Borrower must pay all sums secured by this Security Instrument. If Bonower fails to pay these <br /> sums prior to the expiration of this period, Lender may invoke any remedies permitted by tlus Securiry Instrument <br /> without further nodce or demand on Bonower. <br /> 18. Borrower's Right to Reinsfate. If Bonower meets certain conditions, Borrower shall have the right to have <br /> enforcemenk of this Security Instrument discondnued at any time prior to the earlier of: (a) 5 days (or such other <br /> period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale <br /> contained in this Security Instiument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions <br /> are that Borrower: (a) pays Lender all sums wluch then would be due under this Security Instrument and the Note as <br /> if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses <br /> incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes <br /> such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the <br /> Property and Bonower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. <br /> Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully <br /> effecdve as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration <br /> under paragraph 17 or paragraph 39. <br /> 19. Sale of Note; Change of Loan Servicer.The Note or a partial interest in the Note (together with this Security <br /> Instavment) may be sold one or more times without prior notice to Borrower. The holder of the Note and this <br /> Security Instrument shall be deemed to be the Lender hereunder. A sale may result in a change in the entity (known <br /> as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instnunent. There also <br /> may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan <br /> Servicer, Borrower will be given written notice of the change in accordance wikh paragraph 14 above and applicable <br /> law. The notice will state the name and address of the new Loan Servicer and the address to which payments should <br /> be made. The notice will also contain any other information required by applicable law. <br /> 20. Hazazdws S�bsta�es. Bonower shall not cause or permit the presence, use, disposal, storage, or release of <br /> any Hazazdous Substances on or in the Property. Bonower shall not do,nor allow anyone else to do,anything affecdng <br /> the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the <br /> presence, use, or storage on the Property of small quantities of Hazardous Substances that aze generally recognized <br /> to be appropriate to normal residential uses and to maintenance of the Property. <br /> 1�RASRA ABl[P�toGRAMS �tEV. o3/9n <br /> n«� sy.c�.,�.ceoo>��.i� Page 4 of 7 <br /> Borrower Initials • _ _ _ _ <br />
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