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<br />200600441
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<br />DOC ID #: 00012396471312005
<br />the sums secured by this Sel~urity Instrument by reason of any demand made by the original Borrower or any
<br />Successors in Interest of Borrow(~r. Any forbearance by Lender in exerci~;ing any right or remedy including,
<br />without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
<br />Borrower or in arnount& less than the "mount then due, shall not be a waiver of or preclude the exercise of any
<br />right ('r remedy,
<br />B. Joint and Several Li2bililty; Co-signeJrS; Successors alld Assigns Bound. Borrower covenants and
<br />agrees that BOl1'ower'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
<br />Se:curity Instrument only to mortgage, grant a,nd convey the co-signer's interest in the Property under the tenus
<br />of this Security lnstnunenl; (b) is not personally obligat!~d to pay the sums secured by this Security
<br />Instnum:nt; and (e) agrees that L(~nder and any other Borrower can agree to extend, modify, forbear or make
<br />any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
<br />consent.
<br />Subject to the provisions of Section 1 S, any SUCCeS!lor in Int/erest of Borrower who assumes Borrower's
<br />obligations under this Security' lnstnJ.ment in writing, and is approved by Lender, shall obtain all of Borrower's
<br />rights and benefits under this Security lnstflltTIwt, Borrower shall not be released from Borrower's obligations
<br />and liability under this Security Inntrument unless Lender agrees to such release in writing. The covenants and
<br />agreemeILs of th; s Security InstrlJrnent shall hind (except as provided in Section 20) and benefit the successors
<br />and assig~ls of Lender.
<br />H. loan CIIuu"ges. Lender may charge BCllTower fees for services performed in connection with
<br />Borrower's default. for the plJ.l1wse of pl'oterting Lender's interest in the Property and rights under this
<br />Security Instrument, induding, but not limited to, attorneys' fees, property inspection and valuation fees. In
<br />regard to any other fees, the absl:nco of express authority in this Security Instnunent to charge a specific fee to
<br />BOlTower shall not he construed as a prohibition on the charging of such fee. Lender may not charge fees that
<br />an~ expressly prohibited by this Security InstIllment or by Applicable Law,
<br />if the LOi'sl it; ;;ubject toa law wh:ich sets max:mum loan charges, and that law is finally interpreted so
<br />that thl: interest 01' other loan "hur1:o,::~J ~olkcted or to bl~: collected in connection with the Loan exceed the
<br />permitted limits, then: (a) any such ban ch,ngl; shall be reduced by the amount necessary to reduce the charge
<br />to the pe'l'mitted limit; and (b) any ilLLms already colk:cted from Borrower which exceeded permitted limits will
<br />be rerLm.j,~d to Borrower Li;mdtT may r!loo:;e 10 make' this refund by reducing the principal owed under the
<br />Note or hy making f\ direct payrm:nt to Bon'ow~:r. If a refund reduces principal, the reduction will be treated as
<br />a partial pl"'~payrrw:lt without any prepayment c~harge (whether or not a prepayment charge is provided for
<br />under the Note), Borrower's acceptan,;c of any such refi,mdmade by direct payment to Borrower will
<br />constitute a w"iver of any right ()f' action Borrower might have arising out of such overcharge,
<br />15. Notices. All notices givl,~n by Borrower or Lender in connection with this Security Instrument must
<br />be in writing. Any notice to Borrower in Ix,nnection with this Security lnstmment shall be deemed to have
<br />been gill{~n to Borrower wtH'l1 maikd by first class mail or when actually delivered to Borrower's notice
<br />address if sent by other means, N"ticc to anyone Borrower shall constitute notice to all Borrowers unless
<br />Applieabll: La\v expressly requin~, otherwis~~, Th\~ n'Jtice address shall be the Property Address unless
<br />BOITO\HT has de~.ignakd a substitute notic,,:: address by notice to Lender. BOITower shall promptly notify
<br />L~:,'jder (f Borrowe:r's char,ge of addres~;, If Lenlkr speciIies a procedure fJr repOlting Borrower's change of
<br />addrr~~:s, th~Ti Borwwer shall only r'~pon a C':lilllg,;: of address through that specified procedure. There may be
<br />only one desigl1c.t\~d notice addrefi:; urder this Security Instrument at anyone: time. Any notice to Lender shall
<br />be given by deli\ering it or by maili.lg it by tirst class mail to Lender's adchss stated herein unless Lender has
<br />dcsigna.tr:d another addre.:,s by l1ol:i,:e to Borrower. Any notice in ronnection with this Security Instrument
<br />shall not be deemed to have be"n givcn to Lcnd(~r until aetually received by Lender. If any notice required by
<br />this S;~curity lnstrunw,'t is hbo r~qliired under Api)licable Law the Applicable Law requirement will satisfy
<br />the corresponding requirement under this S;~curity InstnulH:nt.
<br />16. Governing: l,aw; 8<evclrllbfliity; Rilles of Com:tt'uction, This Security InstIllment shall be governed
<br />by federal law and the Law of th." jLlri~;diction in which the Propeliy is located. All rights and obligations
<br />contain,;d in this SI:K~urity Instrufn/:nt aTe subject to any requirements and limitations of Applicahle Law.
<br />A..pplicahle LimElight explicitly ur impli::itly allow th,~ p'lrties to agre'~ by contract or it might be silent, but
<br />such siknce :;/-:;,t11 !lot bt: constru,ed as a prohibition against agreement by contract. In the event that any
<br />provi;;iur, or claJs<' of this See.mity Instrument or the Note conflicts with Applicable Law, sllch conflict shall
<br />not affixt (1lh~r provisions of this S.xurity lr';;trument or the Note which can be given effect without the
<br />conflicting pruvi;iun,
<br />As lIsed in thi"; Seeu'ity fn'i\rumeal' (;\~ words of the masculine gender shall mean and include
<br />COITe!'p.):lding'lcekr word:, or wDrcL" of the ferr:inim; ;1ender; (b) words in the singular shall mean and include
<br />the plurd .and "iel;: versa; and (c) the word "may" gives sole discretion without any obligation to take any
<br />action,
<br />:II'. BOlTOWI~R"'S Copy. BOlT(,\\'\~]' shaH be, given one GOPy oHhe Note and of this Security Instmment.
<br />18. TnUlsfer of thi' Iflrrop".,1:Y Qt' a HenetldBI Intel'est un Borrower. As used in this Section 18,
<br />"rntere~;t in the Prope~rty" mnm~i E'ny ;etal or beneficial interest in the Pro;)erty, including, but not limited to,
<br />those hencticiul ir':rl'csts transr.,~[n'd in ,1 bor~d for deed, contract f()!' deed, installment sales contract or escrow
<br />agrec:m,~nt, the' in!!'!":t ohNhieh i:c, tb>" tr:lfsfer llftitJe by Borrower :It a fu~ure date to a purchaser.
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<br />C, -{),!\.(II.IE) (040"1)
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<br />CHL (1ll!/05;
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<br />Page 8 of 11
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<br />Form 3028 1/01
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