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200206074
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10/14/2011 11:47:11 PM
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10/22/2005 8:48:02 PM
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DEEDS
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200206074
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20020G01A <br />dismissed with a ruling Ihar, 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 <br />any award or claim for damages chat are attributablcto the impairment of Lender's interest in the Property <br />are beret, yy assiggnned and shall be paid to Lender. <br />All Uo,ehmteous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By lender Not a Waiver. Extension of the time for <br />payment or modification of amnrtizationof the sums secured by this Sceurily Instrumentgranled by Lender <br />to Borrower or any Successor in Interest of Borrowershall not operate to release the liability of Borrower <br />or any Successors in Interact of BmTOWB[. Lender shall not be required to commenueproceedings against <br />any Successor in Interest of Borrower or to refuse In extend time for payment or otherwise modify <br />anrortizationof the sums wcuredby this Security lnstrumentby reasonof any demzndmadeby the original <br />Borrower or any Successors in lnterestof Borrower. Any forbearanceby Lenderin exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments front third persons, entities or <br />Successors in Interested Borroweror in emuuntsless than the amomdthen doe, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability, Co- signers; Successors and Assigns Bound. Borrower covenants <br />andagreesthat Borrower's obligntions andliability shall be,joint and several. However, any Borrowerwho <br />co -signs this Security Instrumentbut does nor execute the Note (a "co- signer "): (a) is co- signing this <br />Security Instrumentonly to mortgage, grant and convey the co- signer's interestin the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />instrument; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or <br />make any aceommodationswith regard to flue terms of this Security Instrument or the Note without the <br />gner's consent. <br />co- si - <br />Subject to the provisions of Section 13, any Successor 1n Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrumentin writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benefits order this Security Instrument. Borrower shall not be releasedfrom <br />Borrower's obligations and liability under this Security Instrumentunless Lender agrees to such releascin <br />vvviting. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not lunited lo, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absenceof express authority in this Security Instrumemto charge specific <br />lee to Borrower shall not be construedas a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, and thatlaw is finally interprctedso <br />that the interest or other loan rharges collected or to be collected in counectionwith the Loan exceed the <br />permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary u, reduce the <br />charge to the permiltedfimil; and (b) any sums already collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Borrowerwill constitutea waiver of any right of action Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must be in writing. Any notice: to Borrower in connectionwith this Security Instrumentshall be deemedto <br />have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's <br />notice addressif sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procndurefor reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specified procedure. <br />40- 64(NE) Fie 10 m 16 i�u�aa Form 3026 1101 <br />�VVV <br />DDS -NET <br />
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