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201U09334 <br />Sucecssor in Interest of Borrower shall not operate to rcleasc the liability of Borrower or any Successors in Interest <br />of Borrower. Lendcr shall not bc required to commence proceedings against any Successor in interest oF I3on ower <br />or to refuse to extend timc for paymcnt or utherwise modify amortization of the sums secured by this Secwity <br />Instrumant by reason of any demand made by the original Borrower or any Successors in interest nf &>rrower. Any <br />furbearance by Lender in exercising any right ur remedy including, without limitation, Lender's acceptance of <br />payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then <br />due, shall not be a waiver oTor preclude the exercise nFany right pr remedy. <br />13. .Ioint and Several Llability; Co-si�ners; Successors and Assigns Bound. Borrowcr covcnants and agrees <br />that N3orrower's ohligations and liabi lity shall bejoint and several. Howevcr, any Borrower who co-signs this Security <br />Instrument but dnes nn[ execute the Nnte (a "cn-signer"): (a) is co-signing this Securiry Instrument only to mor[gage, <br />grant and convey the co-signer's interest in the Nroperty under the terms of this Security Insrrument; (h) is not <br />personally ubligated to pay the sums secur�d by this Security Instrument; and (c) agrees that Lender and any othcr <br />Borrower can agrea to extend, modify, forbear or make any accommndations with regard to the terms of this 5ecurity <br />Inshument nr the Note without the en-signer's consent. <br />Subjec[ to [hc provisions of Section l8, any Successor in Interest of k3orrnwer who assumes t3orrower's <br />obligations under this Security Instrument in writing, and is approved by Lender, sk�all obtain all oFBorrower's rights <br />and benefits under [his Securiry Instrument. Bortower shall not be released frnm [3orrower's ohiigations and liability <br />under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this <br />Security Insrrument shall bind (execpt as provided in Section 20) and benefit the successnrs and assigns of Lender. <br />14. Loan Charges. Lender may charge Borrower fees for services perfnrmed in connection with [3orrower's <br />default, fur the purpose of protecting Lender's interest in the Property and ri�hts under this Security Instrumcn[, <br />including, but not limited tu, attumeys' fees, property inspectinn and valuation fees. In regard to any other fecs, [he <br />absence of express authority in this Security Instrument tn charge a specific fee ro Borrower shall not be cunstrued <br />as a prohi6itiun on the charging of such fee. Lender may not char�e fees that are expressly prohibited by this Security <br />Inshument nr by Applicable Law. <br />If the Loan is su6ject tn a law which sets maximum Inan charges, and thal law is finally interpreted su that the <br />interest nr other loan charges cnllected or to be cnllected in connection with the Loan exceed the permitted limits, <br />then: (a) any such loan charge shall bc reduced hy [he amuimt necessary to reduce the charge to the permitted limit; <br />and (b) any sums aheady cnllected from l3nrrnwer which excceded permitted limits will he reflmded to Borrower. <br />I.ender may chnnse to make this refund hy reducing the principal uwed imder the Note or by making a direct payment <br />lu Borrower. If a refund reduces principal, the reductinn �vill he treated as � parti�l prepayment without any <br />prepaynient charge (whether nr not a prepayment charge is provided for under the Nute). Bunuwer's accep[ance nl' <br />any such refund made hy direct payment tn 13orro�vcr will cunstitute a w�iver of any righl ul' action Borrnwer might <br />h�vc arisin� nut of such overchnr�c. <br />15. Notices. All noticcs given by Burrower ur Lender in cunnectiun with this Security Insfiument must be in <br />writing. Any notice to Burrower in cunnection with �his Secw ity Instrument shall be deemed to have bcen given tu <br />Burrower when mailed by first claas mail or when actually delivered to Rorrower's notice address if sen[ by uther <br />means. Nntice tn any one 13nrrnwer shall cnnstitute notice to all Borruwers unless ilpplicable Law expressly reyuires <br />n[hcr�vise. 'I'he notice address shall be the Prupa'[y nddress unless Borrc�wer has designated a sul�5titute nnticc <br />address by notice tn I.endcr. Rnrro�vcr shall protnp[ly notify Lender uf Borro�ver's change nf address. If I.ender <br />specitics a proccdure for reporting Borruwer' s ch�nge of address, then Borro�ver shall nnly reprnt a change nf address <br />thrqugh that specitied prncedure. Thcrc rnay bc unly une ctesignated notice address under this Secwity Insnumen[ <br />at any une lime. Any nutice tu Lencler shall be given by delivering it nr l�y mailing it by first class tnail to Lender's <br />address statcd hcrcin unlcss Lender has designated anuther address by notice tn I3nrrowcr. Any noticc in conncctiun <br />with this Security Instrument shall nut be cleemed to have heen �iven to I.ender imtil actually �•eceived by Lender. <br />1f any noticc required by Ihis Se�urity Instrument is also required under Applicable I.aw, [he Applicable Law <br />requirement wil) satisfy thc corrcsponding requirement under this Secw ity Instrument. <br />16. Governing Law; Severability; Rules of Construction. "I his Secw ity Instrument shall Uc govcrncd by <br />federal law and the law of the jurisdiction in which fhe Prnperty is Incated. All rights and oUligations contained in <br />this Secutity Instrument are Subjec[ tu any requirements and limitations of Applicable Law. Applicable Law might <br />cxplicitly ur implicitly allow the parties tu agree 6y confiact or it might be silent, but such silenee shall nut be <br />construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security <br />Instrument ur the Nute cunflicts with Applicable Law, such conflict shall no[ aftect other provisions of this Security <br />Instrument or the Nate which can he given effect withnut the contlicting provision. <br />As used in this Secw ity Instrument: (a) words of the masculine gender shall mean and include corresponding <br />ncutcr words or words of the feminine gender, (b) words in the singular shali mean and includc thc plural and vice <br />versa; and (c) the worcl "may" gives sole discretion without any obligation to takc any action. <br />17. Borrower's Copy. Borrower shall be given one copy nf the Note and of this 5ecurity Insn•ument. <br />18. Transfer of the Prnperty or u Beneflcial Interest in Borrower. As used in this Section lA, "Interest in <br />the Yroperty" means any legal or heneficial interest in the Property, including, 6ut nut limited to, those beneficial <br />interests transferred in a hnnd for deed, contract for decd, ins[allment sales conh act or escrow agreemen[, the intent <br />of which is the transfer nf title by flnrrower a[ a future date to a purchaser. <br />If all or any part of the Nroperty or any InTCrest in the Property is sold or transfened (or if Bnrrnwer is not a. <br />natural person and a beneticial interest in Burrower is sold nr transferred) without Lender's prior written consent, <br />Lender may require immediate payment in full uf all sums secured hy this Security Instrument. I lowever, this optiun <br />shall not be exercised by Lender if such exercise is prnhibited by Applicable Law. <br />If Lencler exercises this uptiun, Lender shall give 13on nwer notice of acceleration. The notice shall provide a <br />period of not less than 3� days from ihe date the nutice is given in accnrdance with 5ection 15 within which 8orrower <br />NF9R4SKA--Single Family--Fannie MaelFreddie Mac UNIFORAA INSTRUMENT OocMagic �,-rt[av�sy eoo�ee-�sez <br />Form 3028 1l01 Page 7 of 11 www.docmagic.com <br />