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201006053
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201006053
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Last modified
1/11/2011 1:52:21 PM
Creation date
8/25/2010 4:16:10 PM
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DEEDS
Inst Number
201006053
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201006053 <br />dismissed with a ruling that, in Lender s judgment, precludes forfeiture of the Property ar nther material <br />impaixnaenE of Lender's interest In the Property ar rights under this Security Instrument. The proceeds of <br />any award or claim fax damages that are attributable to the impairment of Lender's Interest in the Property <br />are herebyassi~ned and shall hepaid to Lender. <br />All isce laneous Proceeds that are not applied to restoration ar repair of the Property shall be <br />applied in the order provided far In Section 2. <br />i2. grower Not Released; Forbeat~nce $y Leader Not a Wai~++er. Extension of the time far <br />payrttent ar modificadan of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest of Borrower shall rat operate to release the liability of Harrower <br />ar any Successors in Interest of Borrower- Lender shall not be required to commence proceedings against <br />any Successor in Interest of Borrower or to refuse to extend time far payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of airy demand made by the original <br />Baxrower or any Successors in Interest of Borrower. Any forbearance by Lender In exercising any right ar <br />xemedy including, without Iimitation, Lender's acceptance of payments Pram third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount Jaen due, shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. ,faint and Several `lability; Ca-signers; Successors and Assign`s Bound. Harrower covenants <br />and agrees that Iivrrower s obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Nate (a "co-signer"): {a) is co-signdng this <br />Security Instrument only to mortgage. grant and convey the co-signer's interest in the Property under the <br />terms of this Security Instrument; {b} ~ not personally obligated to pay the sums secured by this Security <br />Instrument; and {c) agrees Chat Lender and any other Borrower can a~ee to extend, modify, forbear or <br />taaalce any accommodations with regard to the terms of this Security Instrument or the Note without the <br />Ca-S~ er S COaasent. <br />5t,tbject to the proviisioaas of Secticm 18, any Successor in Interest of Harrower wlw assumes <br />Borxawer s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and benef"tts under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Instrument unless Lender es to such release in <br />writing. The covenants and agreements of this Security Instrument shall band kept as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys fees, property inspet~,ion and valuation fees. <br />In regard to anry other fees, the absence of express authority in this Security Instrument to charge a spedfic <br />fee to Borrower shall not be construed as a prohibition an the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument nr by Applicable Law. <br />If the Loan is subjerx to a law which sets maximum loan charges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Lawn exceed the <br />permitted limits, 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 collected from Borrower which exceeded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by redudng the principal <br />owed under the Nate or by making' a direct payment to Borrower. if a refund reduces principal, the <br />reduction will be treated as a partial prepayment without arty prepayment charge (whether nr not a <br />prepayment charge is provided fnr under the Note}. Borrower s acceptance of any such refund made by <br />direct payment to Barxower will canstituCe a waiver of any right of action Harrower might have arising out <br />of such overcharge. <br />15. Notices. All notlces given by Harrower ar Lender in connection with this Security Instrument <br />trust be in writing. Any notice to Borrower in connection with this Security Instrument wall be deemed to <br />have been given to Borrower when mailed by first class coati ar when actually delivered to Boxrtawer's <br />notice address if sent by other means. Notice to any one Borrower shall constitute notice to all &>rrowers <br />unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address <br />unless Borrower has 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 />change of address, then Harrower shall only report a change of address through that specified procedure. <br />9$Oa8~9Z19 8800$a9~19 <br />NlBIZ10.~ItA -Single Family - Faneia MaslFreddis la ac UN1FORtN !N$TRUMETIT WI~RS <br />Q~'sA(~tl ~ostoi Prpo 10 ut 15 m~e~.i~: Form 3Dx$ 7101 <br />
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