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201008794
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Last modified
1/11/2011 2:29:58 PM
Creation date
11/24/2010 4:19:45 PM
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DEEDS
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201008794
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�oioos7�4 <br />acceleration has occurred, reinstate as provided in Section ] 9, by causing the action or proceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />impairment of Lender's interest in th� Property or rights under this Security Instrum�nt. The proc;ceds caf <br />any award or claim for dama�es that are attributablc to thc impairmcnt of Lcnder' s intc:r�st in the Property <br />arc hereby assigncd and shall be paid to Lender. <br />All Misccllaneous Proceeds that are not applied to restoration or r�pair of the Property shall bc: <br />applied in the order provided for in Section 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payment or modification of amortization of the sums secured by this Security Instrument granted by Lender <br />ta Barrawer ar any Successar in Interest of Borrawer shall not operate ta rslease the liability of I3orrowcr <br />ar any Successars in Interest of Barrower. Lender shall nat be required to commence proceedings against <br />any Successar in Interest of Borrower or to refuse tp �xtenci time for payment ar athcrwise modify <br />amortization af the sums secured by this Security Instrument by reasan of any demand made by the <�ri�inal <br />Borrower or any Successors in Interest of $orrower. Any forbearance by Lender 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 Barrower or in amounts Less than the arnount th�:n due, slialt not be a waiver of or <br />preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower eovenants <br />and agrces that Borrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this 5ecurity Instrument but does not execute the Note (a "co-sign�r"): (d) is cp-signin�; this <br />Security lnstrument only to mortgage, grant and convey the ca-signer' s interest in the Property undcr thc <br />tcnns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity <br />Instrument; and (c) agrees that Lender and any other Barrower can agree to extend, madify, farbear or <br />make any accommodations with regard to the terms of this 5ecurity Instrument or the Nate without the <br />co-signer's consent. <br />5ubject to the provisions of 5ection 18, any Succc:ssar in Inter�st af I3orrawer who assumes <br />Barrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain <br />all c�f Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Fiorrowcr's obligations and liability under this Security lnstrument unless Lender agrees to such rel�ase in <br />writing. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fces for scrvices performed in connection with <br />Borrower's default, far the purpose of protecting Lender's interest in the Property and rights under this <br />5ecurity Instrpment, including, but not limited ta, attorneys' fees, property inspection and valuation fees. <br />In re�;aa'd to any other fe�s, thc absence of express authority in this Security Instrument to charge a speci�c <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. I�c:nder may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />Tf the Loan is subjcct to a law which sets maximum loan charges, and that law is �nally interpreted so <br />that the interest or other loan charges collected or to be callected in cannectian with the Loatt exceed the <br />permitted limits, thcn: (a) any such loan charge shall be reduced by the amount necessary to reduce thc <br />charge to the permitted limit; and (}a) any sums already collected from Barrower which exceeded permitted <br />limits will be refiinded to Borrower. Lender may chc�ase to make this refund by reducing the principal <br />c�wed under the Note c�r by making a direct payment to Barrower. If a refund reduces principal, the <br />reduction will b� treated as a partial prcpaymcnt without any prepayment charge (whether or not a <br />prepayment charge is provided for under the Note). Borrower's acceptanc� af any such refund made by <br />direct paymcnt tc> �iorrower will constitute a waiver of any right of action Borrower might have arising out <br />of such ovcrchargc. <br />15. Notiees. All notices given by Barrower or Lender in connectian with this Security Instrument <br />must be in writing. Any notice to Borrower in connectiai� with this Sr:curity Instrument shall be deemed to <br />have been given to Borrower when mailed by first class mail or when actually deliv�;rcd to Borrower's <br />natice address if sent by otlY�r means. Notice to any one Borrower shall constitute notice to all Borrowc;rs <br />unless Applicable Law expressly requires atherwise. The notice address shall be the Froperty Address <br />unless Borrower has designated a substitute notice address by notice to Lender. Barrower shall promptly <br />notify Lender of Borrower' s change of address. If Lender specifies a procedure for reporting Borrawer' s <br />change of address, then Borrower shall only report a ehange of address throu�h that specified procedure. <br />1111056355 <br />�-6(NE) �pao�).oz Pa�]e 10 of 15 Form 3028 1/01 <br />� <br />
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