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201104023
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Last modified
5/31/2011 2:56:22 PM
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5/31/2011 2:56:21 PM
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DEEDS
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201104023
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����� ���� <br />co � encement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different gounds in fhe <br />fu or (iii) reinstatement will adversely affect the priority of the lien created by this Securiry Instrument. <br />1. Borrower Not Released; Forbearance by Lender Not � W�iver. Extension of the rime of payment or modification <br />of rtization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall <br />not ' erate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br />co ence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortizafion of <br />the s secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors <br />in in' rest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br />righ r remedy. <br />� 2, Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this <br />Sec ty Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subject to the provisions of <br />para' ph 9(b). Borrower's covenants and agreemants shall be joint and several. Any Borrower who co-signs this Security <br />Ins ment but does not execute the Note: (a) is co-signing this Security Inshument only to mortgage, grant and convey that <br />Bo � wer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br />sec d by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br />mak � any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br />' 3. Notices. Any nofice to Borrower provided for in this Security Instivment shall be given by delivering it or by mailing <br />it b j rst class mail unless applicable law requires use of another method. The notice shall be directed to the Properly Address <br />or other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mait to Lender's <br />ad � ss stated herein or any address Lender designates by notice to Borrower. Any nonce provided for in tlus Security Instrument <br />shal' e deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />� 4. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />juri ' iction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note <br />co cts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br />giv � effect without the conflicting provision. To fhis end the prnvisions of this Security Inshument and the Note are declared to <br />be s erabte. <br />' 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />� 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any <br />Ha dous Substances on or in the Properly. Borrower shall not do, nor allow anyone else to do, anything affecting the Pmperiy <br />that '�i in violation of any Environmental Law. The preceding two sentences shali not apply to the presence, use, or storage on <br />tha oper[y of srnall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential <br />use � d to maintenance of the Property. <br />' Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any <br />gov ental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law <br />of '�ch Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or reguIatory authority, that <br />any j emoval or other rernediation of any Hazardous Subsfancas affecting the Property is necessary, Borrower shall promptly <br />tak ' 11 necessary remedial actions in accordance with Environmental Law. <br />' As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances <br />by vironmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic <br />pes ' ides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in <br />this i aragraph 16, "Environtnental Law" means federal laws and laws of the jurisdiction where the Property is located that retate <br />to ' lth, safaty or environmental protection. <br />NO -UNIFORM COVENANTS. Bonower and Lender fitrther covenant and agree as follows: <br />', 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the <br />Pro '' rty. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the <br />Pro rty to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of <br />an, ovenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revanues of tha Property <br />as stee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an <br />ass ent for additional security only. <br />� If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for <br />be ' fit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect <br />FHA DEED OF TRUST <br />6/96 <br />GreatDas� <br />321-300857�703 <br />. ♦ <br />I <br />
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