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200702415
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200702415
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Last modified
3/27/2007 4:53:47 PM
Creation date
3/27/2007 4:53:45 PM
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DEEDS
Inst Number
200702415
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<br />200702415 <br /> <br />acceleration has occurred. reinstate as provided in Secrion 19, by causing the action or proceeding to be <br />dismissed with a TUling that. in Lender's judgment, precludes forfeiture of the Propeny or other material <br />impairment of Lende($ interest in the Property Or rights I.lnder this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property <br />arc hereby assigned mId shall be paid to Lender. <br />AU MisceUaneol.ls Proceeds that are not applied to restoration or repair of the Property shaH be <br />applied in the order provided for in Section 2. <br />n. Borrower Not ReleasecJ; Forbearance By Lender Not a Waiver. Exte.nsion of the time for <br />payment Or modification of amortization of tlle SlUm secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Intetest of BOrrOwer shall not operate to release t.he liability of Borrower <br />or any SucceSSl1rs in Interest of Borrowilr. Lender shaJI not be required to commence proceedings againll~ <br />any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise mOdify <br />amonization of the sums seCUred by this Security InslHlmenl by reason of any dem..1l1d made hy the original <br />Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remedy including, without limitation, Lunder's acceptance of payments from third persons, entities Or <br />Successors in Interest of Borrower or in amounts less lhan thl:! amount then due, shall not be a waiver of or <br />prl:!clude the exercise of any right or remedy. <br />13. Joint ~mJ Several Liability; Co-~ig~JlmJ; Successors and Assigns nound. Borrower covenants <br />and agrees that BorrOwer's obligations and liability shall be joint and several. HowQvor, any Borrower who <br />co-signs ~his Security Instrument but does not execute the Note (1I "co-signer"): (a) is co-signing this <br />SeCurity In$~TUment only to mortgage, grant ilnd convey the co-signer's in~cre5t in the Property under thr: <br />terms of this Security Instrument: (b) is not personally obligated to pay the sums secm-eel by this Security <br />Instrument; and (c) agrees that Ll;!nder and any other BorrOwer can agree to extend, mOdify, forbear or <br />make any i:lCcommodations with regard to the terms of this Security 'Instrument or the Note without the <br />co-signer's consent. <br />SUbject to the provisions of Section 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights ana benet1ts under this Security Instrument. Borrower shall not be reJeased fI(lm <br />Borrower's Q'D1igmions and liability "Qnclcr this Security Instntment unless Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instnlment shall bind (except as provided in <br />Section 20) and bene1'it the SUCCessors and assigns of Lender. <br />14. Loan Charges. Lender may charge aorrower fees for services perfon'l'led in connection with <br />Borrower's defaultl for the purpose of protecting Lender's in~l;lrr;.~t in the Propeny and rights una~'T this <br />Security Instrument. inchlding, but not limited to. anomeys' fees, propeny inspection SlId valuation fer:.>s. <br />In regard to any other fees. the absence of cJC.press authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be constnled as a prOhibition on the charging of such fee. Lender may nOl charge <br />fees that are expressly prohibited by this Security Instrument Or by Applicable Law. <br />If tho Loan is subject to a law which sets maximum loan cb.a:rgos, and that law is finally interprntoo so <br />that the interost or other loEl.l1 charges collected or to be collected in connection with the Loan ex.ca:d the <br />pennitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the <br />charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitte4 <br />limits will bu re.funded 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 treatea 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 Borrower will constitute a waiver of any right of actioI'! Borrower might have arising out <br />of such overcharge. <br />15. Notices. All notices given l;>y Borrower or Lender in connel::tion with this Security Instrument <br />must be in writing. Any notice to Borrower in connection with this Security lnstrument shall be deemed to <br />have been given to narrower when mailed by first class mail or when actually delivered to Borrower's <br />notiCe address if sent by other meanS. Notice to anyone Borrower :;;hall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall b~ the Propeny Address <br />unless Borrower has designal.::d a substitute notice address by notiC/;J to Lencler. Borrower shall prompny <br />nOLify l./;:nde;:r of BOl'Towe('s chartge of address. If Lender specifies a prOCeUUTt:l tor reporting Borrower's <br />change of address, then Borrower shall only report a change of address through that specitied procedure. <br /> <br />1'/1/ C 1\ I <br />tnllialS' . / /I .' J '-J <br />Gli6lNEllOOO51 P;)QB lOa' 15 FOrm 3028 1/01 <br />
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