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99110849
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Last modified
3/13/2012 8:01:26 PM
Creation date
10/21/2005 1:21:17 AM
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DEEDS
Inst Number
99110849
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99 110849 <br /> 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the <br /> 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 <br /> provisions of this Security Instrument or the Note which can be given effect without the conflicting <br /> 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 <br /> Instrument. <br /> 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property <br /> or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and <br /> Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, <br /> require immediate payment in full of all sums secured by this Security Instrument. However, this option <br /> shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security <br /> Instrument. <br /> If Lender exercises this option, Lender 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 delivered or mailed within which <br /> Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior <br /> to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument <br /> without further notice or demand on Borrower. <br /> 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the <br /> right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 <br /> days (or such other period as applicable law may specify for reinstatement) before sale of the Property <br /> pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing <br /> this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would <br /> be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any <br /> default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security <br /> Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender <br /> may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property <br /> and Borrower'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 <br /> fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the <br /> case of acceleration under paragraph 17. <br /> 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with <br /> this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may <br /> result in a change in the entity (known as the "I.oan Servicer") that collects monthly payments due under <br /> the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer <br /> unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written <br /> notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the <br /> name and address of the new Loan Servicer and the address to which payments should be made. The <br /> notice will also contain any other information required by applicable law. <br /> 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or <br /> release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else <br /> to 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 /> Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, <br /> or is notified by any governmental or regulatory authority, that any removal or other remediation of <br /> Form 3028 9/90 (page 6 of 8 pages) <br /> GMD 0172(1293) <br />
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