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200801215
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Last modified
2/14/2008 4:08:46 PM
Creation date
2/14/2008 4:00:50 PM
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DEEDS
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200801215
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<br />200801215 <br /> <br />acceleration has occun-ed, reinstate a... prOvided in Section 19, by ~using {he action or proceeding [0 be <br />dismissed with a ruling that, in Lender's judgment, precludes forf~iture of the Property or other material <br />impairment of Lender's interest in the Property or rights under this Security InsItument. The proceeds of <br />any award or claim for damages that are auributable to the impairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration Or repair of lhe Propeny shall be <br />applied in the order provided for in Section 2. <br />12. Horrower Not ll.eleascd; ForbeaJ:'ancc By Lender Not a Waiver. Extensioll of the time for <br />payment Or modification of amortization of the sums secured by this Security InStroment granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall not operate 10 release the liability of 90rrower <br />or any Successors in mteresr of Borrower. Lender shall not be required to commence proceedings against <br />~}' Successor in Interest of Borrower or to refuse tD extend time for payment or otherwise modify <br />amortization of me sums secured by this Security Instrument by reMon of any demand made by the origin.al <br />Borrower Of any Successors in Interest of Borrower. Any forbearance by Lend~r in exercising any right or <br />remedy including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Successors in Interest of Borrower or in amo\1uts less than the amount then due, shall not be a waiver of or <br />preclude the ex.ercise of any right or remedy. <br />J 3. Joint and Several Liability; Co-signers; Successors and Assigns nound. Borrower COVeD.'lIlts <br />and agrees that Borrower's obligations and liability shall be joint llnd several. However. any Borrower who <br />co.sizns this Security Instrument but does nOl execute the Note (a "co-signer"): (a) is co-sisning this <br />Security Instl'ltInent only to mottga.ge, grant and convey the co-signer's interest in the Property under the <br />te11I18 of this Se,,'Urity lusttllment; (b) is not penonally obligated to pay the S\lIIl!i secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or <br />make any accommDdations 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, my Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Securhy lnstrumem in writing, and is approved by Lentler, shall obtain <br />all of Borrower's rights and benefits under this Security Instnxment. Borrower shall not be released from <br />Borrower'S obligations and liability Wlder this Security Instrument unless Lender agrees to such relellIle ill <br />writing. Thc covenants and agreements of this Security InstI'\lDlent shall bind (except as provided in <br />Section 20) and benefit the successors and 88sigll.$ of Lender. <br />14. .Loan Charges. Lender may charge Borrower fees tor services pertotIIled in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights Wlder this <br />Security Insrnunent, including, but not limited to, auorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, tbe absence of express authority in this Security Instrument to charge a. specific <br />fee to Borrower shall not be consrrued as a prohibition on the charging of such fee. Lender may not chllrge <br />fees that are expressly prohibited by this Security Instrume);!,t or by Applicable Law. <br />If the Loan is subject to a law which Sets maximum loan charges, and thm law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permitted limlts, then: (a) any such loan Charge shall be reduced by the amount necessary to reduce the <br />charge to the permitted limit; and (b) any sums already CoUl;\cted from Borrower which exceeded permitted <br />Hmits will be refunded to Borrowet. Leoder may choose to make this refund by reducing the principal <br />owed under the Note or by IIlc1king a direct payment to Borrower. If a refund reduces principal, the <br />reduction will be treated as a partial prepaYment withom any prepayment charge (whether Or not a <br />prepayment charge is provided for under the Note). Borrower's a.ccepta.nce Df any such refund made by <br />direct payment to BOI<Ower will constituLC a waiver of any right Df action Borrower might ha.ve arising out <br />of such overcharge. <br />15. Notices. All notices given by Borrower or Lct:1der in connectiOn with this Security Instrument <br />must be in writing" Any notice to Borrower in cDnnection With this Security Instrument shall be deemed 10 <br />have been given to Borrowet when mlliled by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to anyone Borrower shall constitute Dotice to all Borrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless BDrrower bas designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of" address. If Lender specifies a procedure fOr reporting Borrower's <br />cbange of address, then Borrower shall only report a change of address through tht specified prOCedUTc. <br /> <br />.. -SINE) (00051 <br />e <br /> <br />Inl1:I\1IS',~ <br /> <br />Fll!)D ,cor 16 <br /> <br />ps <br /> <br />Form 3028 1/01 <br />
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