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<br />200702912 <br /> <br />DOC 1D #: 00016552167503007 <br />the sums secured by this Security Instrument by reason of any demand made by the origimtl Borrower or any <br />Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, <br />without limitation, Lender's acceptance of payments from third persons, entities or Successors in Intercst of <br />Borrower or in amounts less than the a010unt then due, shall not be a waiver of or preclude the exercise of any <br />right or remedy. <br />13. Joint and Several UabUJty; Co-sIgners; Suecessors aud Assigns Bound. Borrower covenants and <br />agrees that Borrower's obligations and liability shall be joint aJJd 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 />Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms <br />of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that L<mder and any other Borrower ClIn agree to el'.1end, 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 Sootion 18, any Successor in Interest of Borrower who assumes Borrowl:r's <br />obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's <br />rights and benefits under this Security Instrument. Borrower shall not be relea!!<ld from Borrower's obligations <br />and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and <br />agreements of this Security Instrument shall bind (except as provided in Section 20) and benetit the successors <br />and assigns of Lender. <br />14. Loan Chargell- Lender may charge Borrower fees for services perfonned in conuection wiIh <br />Borrower's defilull, for the purpose of protelllil1g Lender's interest in th\1 Prop\1rty aM rights under this <br />Security Instrument, including,. but not limited to, attomeys' fees, property inspection and valuation fees. In <br />regard to any other fees, the absence of cxP"''Ss authority in this Security Instnlment to charge a specil1c lee to <br />Borrower shall not be construed as a prohibition on the charging of sneh fee. Lender may not charge fees that <br />are eJ\l'ressly prohibited by this Security Instrument or by Applicable l.aw. <br />If tile Loan i. su~ect to a law which !!<lis maximum loan charges, and tllal law is tinally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />pennitted limits, then: (a) any such loan charge shall be reduced by the amount necesSllry to reduce the charge <br />to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will <br />be refunded to Borrower. Lender may choo!!<l to make this refund by reducing the principal owed under the <br />Note or by making a direct payment to Borrower. If a refund red\lOO!l principal, the reduction will be treated as <br />a partial prepayment without any prepaymcnt charge (whether or not a prepayment charge is provided tor <br />under the Note} Borrower's acceptance of any such refund made by direct payment to Borrower will <br />constitute a waiver ofany right of actioll 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 this Security Instrument shall be deemed to have <br />been given to Borrower when mailed by first elllSs mail or when actually delivered to Borrower's notice <br />address if sent by other meana. Notice to anyone Borrower shall constitute notice to all Borrowers unlcss <br />Applicable Law expressly requires otherwi!!<l. The notice llddress shall be the Property Address ,mless <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 specifies a procedure tbr reporting Borrower's change of <br />address, then Borrower shall only report a change of addre'lS through that specified procedure. There may be <br />only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall <br />be given by delivering it or by mailing it by firat class mail In Lender's address stated herein unless Lender has <br />desiguated another address by notice to Borrower. Any notice in connection with this Security Instrument <br />shall not be deemed to have been given to Lender until al.1ually received by Lender. If any notice required by <br />this Security Inslmment is also required under Applicable Law the Applicable Law requirement will satisfy <br />the corresponding requirement under this Security Instrument <br />16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed <br />by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations <br />contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. <br />Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silcnt, but <br />such silence shall not be construed as a prohibition against agreement by contrad. In the event that any <br />provision or clau!!<l of this Security Instrument or the Note contlicis with Applicable Law, such Clmllici shall <br />not atIect other provisions of this Security Instrument or the Note which can be given etTect without the <br />contlicting provi.ion. <br />As used in this Security Instrument (ll) words of the masculine gender shall mean and include <br />corre.ponding neuter words or words ofthe feminine gender; (b) words in the singular shall mClllland include <br />the plural and vice versa; and (c) th.e word "may" gives sole discretion without any obligation to take any <br />action, <br />17. BolToweJ"'s Copy. Borrower shall be given one copy of the Note and ofthi. Security Imrtrumcnt. <br />18. Transfer of th<- Property or a Beneficial Interest 10 Borrower. As u!!<ld in thi. Section 18, <br />"Interest in the Property" means any legal or benetieial interest in the Property, including, but not limited to, <br />those beneficial interest. tran.ferred in a bond tbr deed, contract tor deed, installment sales contract or escrow <br />agreement, the intent of which is the transter of title by Borrower at a future date to a pureha!!<lr. <br /> <br />_ .&A(NE) (0407) <br /> <br />CHL (08JtlIi) <br /> <br />PageSof1t <br /> <br />Form 3028 1101 <br />