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200207491
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200207491
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Last modified
10/15/2011 2:09:47 AM
Creation date
10/22/2005 9:04:37 PM
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DEEDS
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200207491
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200207491 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be <br />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 Properly or rights under this Security Instrument. The proceeds of any <br />award or claim for damages that we attribuntble to the impairment of Lender's interest in the Properly arc <br />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 <br />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 amortisation of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower <br />or my Successors to Interest of Borrower. Lender shall not be required m commence proceedings against any <br />Successor in Interest of Borrower or to refuse to extend tiwc for payment or otherwise modify amortization <br />of the sums secured by this Security hhsnumenl by reason of any demand made by the original Borrower or <br />any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy <br />including without limitation, Lender's acceptance of payments from thud persons, entities or Successors in <br />Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the <br />exercise of any right or remedy. <br />13. Joint and Several Liability; Co- signers; Successors and Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co -signs this Security Instrument but does not execute the Note (a "co- signer "): (a) is co- signing this Security <br />Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terns of this <br />Security Instrument; (b) is not personally obligated to pay die sums secured by this Security Instrument; and <br />(c) agrees that Lender and any other Burrower can agree m extend, modify, forbear or make any <br />accommodations with regard to the terns of this Security Instrument or the Now without die co- signer's <br />consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borower's <br />obligations under this Security Instrument in writing, mid is approved by Lender, shall obtain all of <br />Borrower's rights and benefits under this Security Instrument Borrower shall not be released front <br />Borower's obligations and liability under this Security Insnumcnt unless Lender agrees to such release in <br />writing. The covenarrts and agreements of this Security Instrument shall bind (except as provided in Section <br />20) will benefit the successors and assigns of I ender. <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 limited th, attorneys' fees, property inspection and valuation fees. In <br />regard to any other fees, the absence of express authority in this Security Instrument to charge a .specific fee <br />to Borrower shall not be construed as a prohibition on tic charging Of such fee. Lender may not charge fees <br />that we expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subject to a law which sets maximum loan charges, mud that law is finally interpreted so <br />that the interest or other lo:at charges collected or to be collected in connection with the Loan exceed the <br />Permitted limits, then: (a) any such text charge shall lie reduced by the amount necessary to reduce the charge <br />to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits <br />will be refunded m Borrower. bender may choose to make this refund by reducing the principal owed under <br />We Note or by making a direct payment to Burrower. If a refund reduces principal, the reduction will be <br />located as a partial prepayment without any prepayment charge (whether or not a prepayment charge is <br />provided for under the Nom). Borrower's acceptance of arty such refund made by direct payment to Borrower <br />will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must <br />be in writing. Any notice to Borrower in connection with Wis Security Instrument shall be deemed to have <br />been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's notice <br />address if sent by other memts. Notice to any one Borrower shall constitute notice to all Borrowers unless <br />Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless <br />Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify <br />Lender of Borrower's change of address. If Lender specifics a procedure for reporting Borrower's change of <br />address, then Burrower shall only report a change of address through that specified procedure. <br />OOC p:317G10 APPL 4;0016187359 7 LVMI µ0p1610]359 <br />(0- 6(NE) ..m, vaaa iota is ^ Form 3026 1101 <br />
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