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200300647 <br />LOAN 111 2232578 <br />Property or to the sums secured by this Security Instrument, whdhcr of not then duc. "Opposing Parry" means the third parry that <br />owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right olfaction in regard to Miscellaneous Proceeds. <br />Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could <br />result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security <br />Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the <br />action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for <br />damages that are attributable to the impairment of Lender's interest in the Propertv are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided <br />for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for pavment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower <br />shall noloperateto releasethe IiabilityofBorrowerorany Successors inlnterest ofBormwer. Lendershall not be requiredto commence <br />proceedings against any Successor in Interest. of Borrower or to refuse to extend time for payment or otherwise modify amortization <br />of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest <br />of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of <br />payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not <br />be a waiver of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrowercoenants and agrees that Borrower's <br />obligations and liability shall bejoint and several. However, any Borrower who co-signs this Security Instrument but does not execute <br />the Note (a "co- signer") (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in <br />the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations <br />with regard to the tCTTuS of this Security Instrument or the Sole without the co- signer's consent. <br />Subject to the provisions of Section 18, anv Successor in Interest of Borrower who assumes Borrower's obligations under this <br />Security mstrumcal in writing, and is approved by Lender, shall obtain all of Borrowers rights and benefits under this Security <br />Instrument . Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lcndcr <br />agrees to such release in writing. The covenants and agreements oflhis Security Instrument shall bind (except as provided in Section <br />20) and benefit life successors mid assigns of Lender <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the <br />purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, bill not limited to, <br />allorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence, of express authority in this Security <br />Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fec. Lender may not <br />charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />I(Ihc i.oan is subject to a law which sets maximum loan charges, and that law is finally interpreted so (hat the interest or other <br />loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall <br />be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower <br />which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be heated as a partial <br />prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's <br />acceptance of am, such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might <br />have arising out of such overcharge. <br />15. Not ices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Anynotice <br />to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class <br />nail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute <br />notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be Itie Property Address unless <br />Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's <br />change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only reports <br />change ofaddress through that specified procedure, There maybe only one designated notice address under this Security Instrument <br />at any one time. Any notice to Lender shall be given by delivering it orby mailing it by first class mail to Lender's address sated <br />herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument <br />shall not be deemed to have been given to Lender until actually received by Lender. Harty notice required by this Security Instrument <br />is also required under Applicable Law, the Applicable Law requirement will satisfv the corresponding requirement under this <br />Security Instrument. <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governedby federal law and the <br />law of the jurisdiction in which the Property is located- All rights and obligations contained in this Security Instrument are subject <br />to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by <br />contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that <br />any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict stall not affect other <br />provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. <br />As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or <br />words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa, and (c) the word "may" <br />gives sole discretion without any obligation to take any action. <br />17. Borrower's Copy. Borrower Shall be given one copy of the Note and of this Security Instmmenl. <br />18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" <br />means any legal or beneficial interest in the Properly, including, but not limited to, those beneficial interests transferred in a bond <br />for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower <br />at a future date to a purchaser. <br />Hall or any part of the Properly or any interest in the Property is sold or transferred (or if Borrower is not a natural person and <br />a beneficial interest in Borrower is soldor transfer red) without Lender's prior written consent, Lender may require immediate payment <br />in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is <br />prohibited by Applicable Law. <br />If Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br />than 30 days from the date the notice is given in accordance with Seaton 15 within which Borrower must pay all sums secured by <br />NEDR SI t-- single Fa ly-- F'amde MaOFmddic Mae UNIFORM INSTRUMENT Initials: <br />Form 30281101 Page 6 of 8 NFI (DEED <br />