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83004009
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Last modified
11/19/2008 3:48:35 PM
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11/19/2008 3:48:35 PM
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DEEDS
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83004009
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<br />8~~(1:4Cl09 <br /> <br />eflect without the conflicting provision. and to this end the provisions of this Security Instrument and !he 'Note are declared <br />to .be severable. <br /> <br />r <br /> <br />E. TltANsFER OF THE PROPl!:Rl'Y; ASSUMPTION. <br /> <br />UnifonnCovenant 17 of the Security Instrument is amended toreadas follows: <br /> <br />1'1.. 'I'r1IDl!ferofthePrtipet1y; Assumption. If all or any part of the Property or an interest therein is sold ortrailsferred <br />by Booowerwithout Lender'sprior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this <br />Security Insln11lte1lf which does not relate to atrailsfer of rights of occupancy in the property, (b) the creation ofapurclUiSe <br />money sccUrityinfet"est fothOuselloIdappliances, (c) a transfer by devise. deScent or by operation of law upon thedeathof <br />a joiIittel\lin' or (d) the grant of any leasebold interest of three yeatS or lessllOt containing an option 10 purchase,Lender <br />ID!lY. atI..ender'soption, declare all the sums secured by this Security Instrornent to be immediately due and payable. <br />If. Lendtr exercl'lCs such option to accelerate, Lender shall mail Borrower notice of acceleration in accordanCewitb' <br />paragraph 14 hereof. Sucb notice shall provide a period of not less than 30 days from the date the notice is mailed within <br />which Borrower may pay the sums declared due. If Borrower fails to pay sucb sums prior to the expiration ofsucbperiQd, <br />Lender may. without further notice or demand on Borrower. invoke any remedies permitted by paragraph. ISb""",f. <br />Lender may consent to a sale or transfer if: (I) Borrower causes to be submitted to Lender information required by <br />Lender to evaluate the transferee as if a new loan were being made to the tran.sferee; (2) Lender r~nably determines that <br />Lender's security will not be impaired and tbat the risk of a breach of any covenant or agreement in this Security Instrornent <br />is acceptable: (3) interest will be payable 011 tbe sums secured by this Security Instrument at a rate acceptable to Lender; <br />(4) changes in the terms of the Note and this Security Instrument required by Lender are made, including, for example. <br />periodic adjustment in the interest rate. a different final payment date for the loan. and addition of unpaid intereSlto principal: <br />and(5}the lI'lInSferee signs an assumption agreement that is acceptable to Lender and that obligates tbe transferee to keep <br />all the promises and agreements made in tbe Note and in tbis Security Instrument. as modified if required by Lender. 10 the <br />extentpermilled by applicable law. Lender also may cbarge a reasonable fee as a condition to Lender's consent to any sale <br />or transfer. <br />Bonuwe; will c<lDlinue to be obligated under the Note and tbis Security Instrument unless Lender releases Bonuwer <br />in writing, <br /> <br />It BORROWER'S RIGHT TO REINSTATE <br /> <br />Non-Uniform Covenant 19 ("Borrower's Right to Reinstate") is amended to read as follows: <br /> <br />19. Bonvwer's RIght to Reinstate. Notwitbstanding Lender's acceleration of tbe sums secured by this Security <br />InslfUJ1Jent, Borrower shall have the rigbt to bave any proceedings begun by Lender to enforce tbis Security Instrument <br />disrontinued only if applicable law so provides. Any right to remstate sball be exercised in the manner required by such <br />law, <br /> <br />G. NO FUflJRt; ADVANCES <br />Non-Uniform Covenant 2101' the Seeurity Instrument ("Future Ads'aIlees") is deleted. <br /> <br />H. LOAN CHARGES <br />If the loan se<:uted by :he Security Instrument IS subjecl to a law whlcb sets maximum loan cbarges. and that law is finally <br />interpreted so that tbe interest or other loan charges colle...ted or to be collected in conn~'Ction with tbe loan exceed permitted <br />limits. thtin: (ll any sucb loan charge sball be reduced by the amount neces><U)' to reduce tbe cbarge to the pemlined limits; <br />and (2) any sums alre<idy collected from Born)wer wbicb exceed\-"<l permitted limits will be refunded to Bom)wer. Lender <br />may ebQose to make tbis refund by reducing the principal owed under tbe Note or by making a direct payment to Borrower. <br />If " refUlld reduces principal. the reducllon will be treated il1< a partial prepayment under the Note. <br /> <br />I, LEGISLATION <br /> <br />If. after the dale hereof. enactment or cxpirallon of applicable laws bave the ellec'l clther of rendering the pnwisions of the <br />Note, the Se..'Urity InslruJt1ent or tbis Adjustable Rate Rider'lotller tblUl tbis paragntpb I) unenforceable a\:\:ording to their <br />terms, or all or any part of the SllIl~'i secured hereby uncollectable, as otherwise provided in the Security Instrument and this <br />Adju$taI)Ie Rale Rider, or of diminishing the vall!<: of Lender's security. tben Lender. III Lender's option. may declare all <br />sums SCl:ured by tbe Security Instrument to be immedlal<.'ly due and payable.. <br /> <br />IN WITNESS WHEREOf, Borrower ba. ellccuted tbis Adjustable Paymenl Rider. <br /> <br />... .<t;~~~*i' '. .... <br /> <br />S-tuart Ba_rtruff d <br /> <br />. (]"tt' 1 (?"'~ J,:'.'''.i,j'.~ . <br />1':1.11 C. ll~>rtruH i A) <br /> <br />(Seal) <br />'BOmJWer <br /> <br />(Seal) <br />.BomJwer <br /> <br /> <br />(Seal) <br />-Borrower <br /> <br />(Sign 0nginaI Only) <br /> <br />
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