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200207318
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Last modified
10/15/2011 1:53:37 AM
Creation date
10/22/2005 9:02:28 PM
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DEEDS
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200207318
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20020731!3 <br />(c) Mortgage Not Insured- Borrower agrees that should this Security Instrument and the Note secured thereby not he <br />eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option <br />and notwithstanding anything in paragraph 9, require immediate payment in full of all sums secured by this Security <br />Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date <br />hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of <br />such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability <br />of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. <br />10. Reinstatement. Borrower has a right to he reinstated if Lender has required immediate payment in full because of <br />Borrower's tat lure to pay an amount due under the Note or this Security Instrument This right applies even after foreclosure <br />proceedings are Instituted- 'to reinstate the Security Instrument, Borrower shall trader in a lump sum all amounts required to <br />bring Borrowerk account current including, to the extent they are obligations of Borrower under this Security Instrument <br />fomulosurc costs and reasonable and customary attorneys' fees land expenses property associated with the foreclosure <br />proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect <br />as It Lender had not required immediate payment in full. However, Lender is not required nt permit reinstatement if @ <br />Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately <br />preceding the conanencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different <br />grounds in the turue, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument <br />11. Borrower Not Released; forbearance By Leader Nola Waiver. Extension of die time of payment or modification <br />of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower <br />shall not operate to release the liability of the original Borrower or Borrower's successor in interest Lender shall not be <br />required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this <br />Security Instrmnent shall bind and henefit the successors and assigns of Leader and Borrower, subject to the provisions of <br />paragraph 9b. Borrower's covenants and agreements shall be joint and several- Any Borrower who co -signs this Security <br />hutrumcnt but does not cvreutc the Note (a) is co-signing this Security Instrument only to mortgage, grant and convey that <br />Bomrwer's interest in the property under tire terms of this Security Instrument; (b) is not personally obligated to pay the sums <br />secured by this Seem'Ity Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear <br />or make any accommodations w'nh regard to the forms of this Security Instrument or the Note without that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />I( by first class mail unless applicable law requires use of another method. 'Pre notice Shall be directed to the Property Address <br />nr any other address Borrower designates by notice to lender. Any notice to Lender shall he given by first -class mail to <br />header's address stated herein a any address Lender designates by notice to Borrower Any notice provided for in dais <br />Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />14. Governing Law; Smerability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. to the event that any provision or clause of this Security Instrument or the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can <br />be given effect without the conflicting provision '1'o this end the provisions of this Security Instrument and the Note are <br />de;lamd to be severable. <br />15. Borrower's Copy. Borrower shall be given one conformed copy of this Security instrument. <br />16. Ilazardons 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 <br />Property that is in violation of any Environmental law. The preceding two sentences shall not apply to the presence, use, or <br />storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal <br />residential uses and to maintenance of the Property. <br />Borrower shall Promptly give Leader written notice of any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agency or private party involving the Properly and any Hazardous Substance or Environmental <br />Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority <br />that any removal or other remediatton of any Hazardous Substances uffecung the Property is necessary, Borrower shall <br />promptly take all necea.'ary remedial actions in accordance with Environmental Law. <br />As used in this paragraph Ih Hazardous Substances' are those substances defined as toxic or hazardous substances by <br />Bnvironmentul Law and the lollowmg substances. gasoline, kerosene, other num sable or toxic petroleum products, toxic <br />pesdndes and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used <br />in this paragraph 16, "Environmental Law" means federal laws and lows of the jurisdiction where the Property is located that <br />relam to health, safety or environmenrul proectien. <br />gc4ora <br />�.. iiuxca.vrx txasvaz000 <br />
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