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201107147
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Last modified
10/9/2011 10:52:49 PM
Creation date
9/27/2011 9:51:33 AM
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201107147
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�0�10���7 <br />dismis ed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material <br />imp ' ent of Lender' s interest in the Property or rights under this Security Instrument. The proceeds of <br />any a ard or claim for damages that are attributable to the impairment of Lender' s interest in the Property <br />aze her by assigned and sha11 be paid to Lender. <br />1 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />appli in the order provided for in Section 2. <br />1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for <br />payme t or modification of amorti7ation of the sums secured by this Security Instrument granted by Lender <br />to Bo ower or any Successor in Interest of Borrower sha11 not operate to release the liability of Bonower <br />or any Successors in Interest of Bonower. Lender sha11 not be required to commence proceedings against <br />any S ccessor in Interest of Bonower or to refuse to extend time for payment or otherwise modify <br />amo ''on of the sums secured by this Security Instrument by reason of any demand made by the original <br />Borro er or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or <br />remed including, without limitation, Lender's acceptance of payments from third persons, entities or <br />Succes ors in Interest of Bonower or in amounts less than the amount then due, sha11 not be a waiver of or <br />preclu e the exercise of any right or remedy. <br />1. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants <br />and ees that Bonower's obligations and liability sha11 be joint and several. However, any Bonower who <br />co-si this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this <br />Securi Instrument only to mortgage, grant and convey the co-signer' s interest in the Property under the <br />terms f this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />ent; and (c) agrees that Lender and any other Bonower can agree to extend, modify, forbear or <br />make y accommodations with regard to the terms of this Security Instrument or the Note without the <br />co-si er' s consent. <br />S bject to the provisions of Section 18, any Successor in Interest of Bonower who assumes <br />Borro er' s obligations under this Security Instrument in writing, and is approved by Lender, sha11 obtain <br />a11 of onower' s rights and benefits under this Security Instrument. Bonower sha11 not be released from <br />Bono er's obligations and liability under this Security Instrument unless Lender agrees to such release in <br />writin . The covenants and agreements of this Sectuity Instrument sha11 bind (except as provided in <br />Sectio 20) and benefit the successors and assigns of Lender. <br />1. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Bono er's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Securi Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In reg d to any other fees, the absence of express authority in this Secutity Instrument to chazge a specific <br />fee to nower shall not be consttued as a prohibition on the chazging of such fee. Lender may not charge <br />fees are expressly prohibited by this Security Instrument or by Applicable Law. <br />I the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so <br />that e interest or other loan charges collected or to be collected in connection with the Loan exceed the <br />permi ed limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the <br />charg to the permitted limit; and (b) any sums already collected from Bonower which exceeded permitted <br />limits will be refunded to Bonower. Lender ma.y choose to make this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />redu on will be treated as a partial prepayment without any prepayment charge (whether or not a <br />prepa ent chazge is provided for under the Note). Borrower' s acceptance of any such refund made by <br />direct payment to Bonower will constitute a waiver of any right of action Borrower might have arising out <br />of suc overcharge. <br />5. Notices. All notices given by Borrower or Lender in connection with this Security Instrument <br />must e in writing. Any notice to Borrower in connection with this Security Instrument sha11 be deemed to <br />have een given to Bonower when mailed by first class mail or when actually delivered to Borrower's <br />notice address if sent by other means. Notice to any one Borrower sha11 constitute notice to all Bonowers <br />unles Applicable Law expressly requires otherwise. The notice address sha11 be the Property Address <br />unles Borrower has designated a substitute notice address by notice to Lender. Borrower sha11 promptly <br />notify Lender of Bonower' s change of address. If Lender specifies a procedure for reporting Borrower' s <br />chang of address, then Bonower sha11 only report a change of address through thax specified procedure. <br />2200158219 D V6ANE <br />KA - Single Femily - Fannie Mee/Freddie Mac UNIFORM INSTRIJMENT WITH ERS <br />�(NE) Ioa9o1 Paae �o of �s mwais: Form 3028 1/01 <br />
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