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201008795
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Last modified
11/24/2010 4:21:29 PM
Creation date
11/24/2010 4:21:28 PM
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DEEDS
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201008795
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2oloos�9� <br />acceleration has occurred, reinstate as provided in Section 19, by causing thc actian ar praceeding to be <br />dismissed with a ruling that, in Lender's judgment, precludes forf�iture of the Property or othcr material <br />impairment of Lender's interest in the Froperty or rights under this Security Instrument. Tlle proceeds of <br />zny award or claim for damages that are attributabl� 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 rc:storation or repair of the Property shall be <br />applicd in the order provided for in Sectian 2. <br />12. Borrower Not Released; Forbearance By Lender Not a Walver. Extension of the time far <br />payment or modificatian of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Succc:ssor in Interest of Borrower shall nat operate to release the liability of Barrower <br />or any 5uccessors in Tnterest af Borrower. Lender shall not be rcquired to commence proceedings against <br />any Successor in Interest of Barrower or to refuse ta cxtend ti►ne for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by re:ason af any demand made by the original <br />Borrower ar any Successors in Interest of Barrawer, Any forbearance by Lender in exercising any right ar <br />remedy includin�;, without limitation, Lender's acceptance af payments from third persons, entitics or <br />Successors in Interest of Bnrrowcr ar in amounts less than the amount then due, shall nat be a waiver of or <br />preclude the exercise of any right or r�rnedy. <br />13. Joint and Sever�l Liability; Co-signers; Successors and Assi�ns Bound. Borrower covenants <br />and agrees that Barrower's �>bligations and liability shall be joint and several. Hc�w�;ver, any Barrawer who <br />co-signs this Security Tnstrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Security Instrument only to mortgage, grant and convey th� co-signer's interest in the Property under the <br />terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this 5ecurity <br />Instrument; and (c) agr�es that Lender and any other Barrower can agree to extc:nd, madify, farbear ar <br />make any acco�nmodations with regard to the terms of this Security Tnstrurnent ar the Note without the <br />co-signer's consent. <br />Subjcct to the provisions of 5ection 18, any 5uccessor in Int�rest of Barrower who assumes <br />Barrower's obligations under this Security Instrument in writing, and is apprav�d by Lender, shall obtain <br />all af Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from <br />Barrower's abligations and liability under this Security I�tstrument unless Lender agrees to such release in <br />writing. The covcnants 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. �,end�r may charge Barrower fees for services performed in connection with <br />I3orrower's default, for the purpose of protecting Lender's interest in the Praperty and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, praperty inspection and valuation fees. <br />In re�;ard ta any ather fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not char�;e <br />fces that are �xpr'essly prohibited by this Security Instrument or by Ap�licable Law. <br />If the Laan is subject to a law which sets maximum loan charges, and tliat law is �nally interpreted so <br />that the interest or ather loan charges collectcd or to be collcctcd in connection with the Loan exceed the <br />pc:rmitted limits, then: (a) any such loan charge shall be reduc�;d by the amount necessary to reduce the <br />charge to the permitted lirnit; and (b) any sums already collected from Borrower which exc�eded permitted <br />limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principat <br />awed under the Note or by makin�; a direct payment to Borrawer. If a refund reduces principal, the <br />reduction will be treated as a partial prc:payrnent withaut any prepayment charge (whether or not a <br />prepayment chargc is pravided far under the Note). Borrower' s acceptancc of any such refund made by <br />direct payment to Borrower will constitute a waiver of any right of action Barrawer might have arising out <br />of such overcharge. <br />1S. Notices. All natices �;iv�;n by Borrawer ar Lender in connection with this Security Instrument <br />must be in writing. Any notice to Darrpwer in connection with this 5ecurity Instrument shall be deemed to <br />have been given to Borrower wh�n mailed by first class mail or when actually delivered to $arrower's <br />notice address if sent by other means. Notice t�a any on� Borrawer shall constitute notice to all Borrowers <br />unless Applicable Law expressly rcquir�s otherwise. The notice address shall be the Property Address <br />unless Borrower has designated a substitute naticc address by natice tp Lender. Borrower shall promptly <br />notify Lender of Borrower' s change af adc�ress. If Lender specifies a procedure for reporting Borrower' s <br />change of address, then Borrower shall only report a change of addxess thraugh that speci�ed procedure. <br />1111056576 <br />ig: � , <br />�-6(NE) �oao��.oz P�a �p of 15 � Fonn 3028 1/01 <br />� � <br />v � <br />
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