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200906316
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Last modified
8/3/2009 2:20:35 PM
Creation date
7/31/2009 3:11:07 PM
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DEEDS
Inst Number
200906316
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. ~ RE-RECORDED <br />• 20'006316 20080i43~ <br />BCCCaCxafi~021 has OCCFr[8d, reinstate as provided is Secttnn 19, by causing the action or proceedirtg to be <br />dismissed with a ruli~ that, in Lender's judgment, precludes forfeiture of the property or atlter material <br />itrrpairmerrt of Isetzder'~ interest in tine property or nghis under Wis Security Xastrurnr„mt. The proceeds of <br />ar}y award or clajm for damages that are attributable to the impairment of Lender's interest in the property <br />are .hereby assigned and slxall be paid, to Lender- <br />Ali Miscellaneous Proceeds that are rant applied to restoration or repair of the praper[y shall be <br />applied in the order provided for is Suction 2. <br />l2. borrower Not Released; Folrbearatace Sy Lentlet• Not ~ Waiver. Extension of the time far <br />payment or modifcatian of amortixatian of the s+ams aecuued by this Security Instrumcx~t granted by Lender <br />to Borrower or any Sucxessar itr Interest of Iarrower sleall not operate to release the liability of Barcower <br />or any Succ®ssor5 in Interest of Borrower. Lender shall trot be regttrred to comuaence proceedi~;s against <br />any Successor in Interest of Harrower or to reiiuc to extend time for payment or gt>lerwise modify <br />atnaxtizatiazY of the sutras secured by this $eCtrrlty Instrutrrent by reason pf ~y demand triode by the original <br />larrower or any Successors in Interest of Borrower. Any foxbeat~ance by Lender is eacerasing any right at <br />remedy includir,~, wit]rout limitation, Lender's acceptance of paymt,ents from third persops, entities or <br />Successors in Interest of Borrower or in ampunts leas than the amount then due, ~lzall not be a waiver of or <br />preclude the e7cercise of any tight or remedy. <br />""" ` 13. Joint and Sever®i Liability, Co-sigper$; g~ and <br />~'"" Assig~as Soudd. Borrower c:avenants <br />A"d, and agrees that l~orrawer's obligations and liability shall be joitrt and several. ~Iawever, any Borrower wha <br />~'"+~,~,; -signs this Security Instnament but does not execute the Nate a "co-si er" <br />( ~ )~ (a) is ca-signing this <br />~., .tp ° . ity Instrtttrxant only to martgagc, grant and convey the co-signer's interest in the 1roperty under the <br />~, :, , ~ of this Security Instnrmtrut; (b) is not personally obligated to pay the sunvs aecured by this Security <br />'~'~'~1 I$~ went; and (c) agrees that Leader and any ot~ Borrpwer cats <br />?~fi ~;.r ~j a an ~ accam~nodatioms wiux to ~ to extepd, modify, fpxbear or <br />~' said to the terms of this Sectzxity Instrument pr the Nate without the <br />F/J ~ i~' s corASent. <br />~~'" ' ~ ~' object to the provisions of Section 18, any Successor izr Interest of Harrower wha assumes <br />rte:;, ~~G~ artower'5 obligations under this Security Insttvrncmt in writing, and is agpraved by Lender, shall obtain <br />~A~O• all of Borrower's rights and bedefts under this Security lnstriuuent. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Iasttumeatt wales Lender agrees to such release in <br />writing. The covenants and agreements of this Security Instnunent shall bind (e~tcept as provided in <br />fiction 20) and benefit the saccessprs and assigns of T ,ender. <br />14. Loan Chax$es. Y.ender tfday charge Harrower fees tint services performed in connectipn with, <br />Borrower's default, for the purpose of pracecting Y.eAder's interest in the Property and rights under this <br />Security Instrument, imploding, but not limited ta, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of expreas auWotity in this security Instrw~nent to elrarge a specific <br />Fee to harrower shall not be construed as a prohibition an the chargiz~ of such fee. Lender may not charge <br />fps that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subleCt to a law whielr sets maximum loan charges, and that law is finally interpreted so <br />that the interest br other loan charges collected or to be collected in connection with rlxe Loan Exceed the <br />perrnirted limits, they: (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 a>~y collected from Banrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refwnd by reducing zhe prlacipal <br />owed under the Note or by making a direct payment to Borrower. If a relUmd. reduces principal, the <br />reduction will be treated as a partial prepayment witltaut any prepayment charge (whether or not a <br />prEpaytnent charge is provided for under the Note). Borrower's acceptance of any such refund made by <br />direct payment to Earrawer will constitute a waiver pf any ri;rht of action Borrower ttaght have arising out <br />of such ovErcharge. <br />1S. Natice~. All noraces given by 13axrower or Lender in connection with this Security Iastnunent <br />must be in writing. ,A,ny notice to l3axrower in connection with this Security Instant shall 6e deerrled to <br />have been given to Borrower when mailed by fast class wail or when actually delivered to I3arrowet's <br />notice address if sent by other means. Notice to any p~ue Harrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requires otherwise. 'lie notice address shall be tin property Address <br />unless Harrower has designated a substitute notice address by notice to Lender. Harrower shall promptly <br />notify Lender of Borrower's Change of address. If Lender specifaes a ptrrcedure far rcportirag Borrower's <br />Clzangt~ of address, them Borrower shall vtrly report a change of address tl>xaugh that specified procedure. <br />~ 6(NI=- i0oo5! Page to of 16 ~ 6~~ ' <br />Farm x028 71D7 <br />
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