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<br />,J <br /> <br />200700008 <br /> <br />Loan Number: <br /> <br />421002168 <br /> <br />Servicing Number: <br /> <br />002267410-5 <br /> <br />Date: 12/13/06 <br /> <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Horrower that the condemnor olTers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender <br />is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured <br />by this Security Instrument, whether or not then due. <br />Unless Lender and Gorrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not <br />operate to release the liability of the original I3orrower or Borrower's successors in interest Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or I3orrower' s successors <br />in intercst Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br />right or remedy, <br />12. Suceessors and Assigns Bound; Joint and Several Liability; Co~signers. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and I3orrower, subject to the provisions of paragraph 17. <br />Borrower's covenants and agreements shall be joint and severaL Any Borrower who co-signs this Security Instrument but does not <br />execute the Note: (a) is eo~signing this Security Instrument only to mortgage, grant and convey that Borrower's lIllerest in the <br />Property under the terms 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 Horrower may agree to extend, modify, forbear or make any accommodations <br />with regard to the terms of this Security Instrument or the Note without that I3orrower' s consent. <br />13. Loan Charges. If the loan sceurcd by this Security Instrumcnt is subject to a law whieh scts maximum loan charges, <br />and that law is finally interpreted so that the intercst or other loan charges collected or to bc collected in connection with the loan <br />exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the <br />permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to I3orrower. <br />Lendcr may choose to make this refund by redueing the principal owed under the Note or by making a direct paymcnt to Borrower. <br />If a refhnd reduces principal, the rcduction will be treated as a partial prepayment without any prcpaymcnt charge under the Note. <br />14. Notices. Any notice to Borrower provided for in this Sccurity Instrument shall be given by delivcring it or by mailing <br />it by first class mail unless applicable law requires use of anothcr method. The notice shall be directed to the Property Address or <br />any other address Borrower designates by notice to Lender. Any notice to lender shall be given by first elass mail to Lender's <br />address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security <br />Instrument shall be deemcd to havc been given to Borrower or lender when given as provided in this paragraph, <br />15. Governing Law; Severability. This Security Instrumcnt shall be governed by federal law and the law of the jurisdiction <br />in which the Property is located, In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given dTect <br />without the conflicting provision, To this end the provisions of this Security Instrument and the Note arc declared to be severable. <br />16. Borrower's Copy. Horrower shall be given one conformed copy of the Note and of this Sccurity Instrument <br />17. Transfer of the Property or a Benefieiallnter~1 in Borrower. If all or any part of the Property or any interest in it is <br />sold or transferred (or if a beneficial interest in Horrower is sold or transferred and Horrower is not a natural person) without <br />Lender's prior written consent, Lender may, at its option, rcquire immediate payment in full of all sums secured by this Security <br />Instrument Ilowever, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this <br />Security Instrument <br />If I ,ender exercises this option, Lender shall give Borrower notice of aeecleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security <br />Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted <br />by this Security Instrument without further notice or demand on Borrowcr. <br />18. Borrower's Right to Reinstate, If Horrower meets certain conditions, Horrower shall have the right to have enforecment <br />of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may <br />specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) <br />entry of a judgment enforcing this Security Instrument. Those conditions are that I3orrower: (a) pays Lender all sums which then <br />would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other <br />covenants or agreements~ (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, <br />reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security <br />Instrument, Lender's rights in the Property and I3orrower's obligation to pay the sums secured by this Security Instrument shall <br />continue unchanged, Upon reinstatemcnt by norrower, this Security Instrument and the obligations secured hereby shall remain fully <br />effective as if no acceleration had occurred, Howevcr, this right to reinstate shall not apply in the case of acceleration under <br />paragraph 17, <br />19. Sale of Note; Change of Loan Scrviccr, The Note or a partial interest in the Notc (together with this Security <br />Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known <br />as the "Loan Servieer") that collects monthly payments due under the Note and this Security Instrument. There also may be one <br />or more changes of the Loan Servieer unrelated to a sale of the Note. If there is a change of the Loan Scrvieer, BOlTower will be <br />given written notiec of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and <br />address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other <br />information required by applicable law. The holder of the Note and this Security Instrument shall be deemed to be the Lcnder <br />hereunder. <br />20. Hazardous Substanet:s. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Hazardous Substances on or in the Property, I3orrower shall not do, nor allow anyone else to do, anything affceting thc Property <br />that is in violation of any Environmental Law, The preceding two sentences shall not apply to the presence, use, or storage on the <br />Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and <br />to maintenance of the Property, <br />I3orrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />governmental or regulatory agcney or private party involving the Property and any Hazardous Substance or Environmental Law <br />of which Borrower has actual knowledge. If I3orrower learns, or is notified by any governmental or regulatory allthority, that any <br /> <br />Page 4 of 6 <br /> <br />NED! 0014 (03/29/00) <br />