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98104636
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Last modified
3/12/2012 1:28:19 PM
Creation date
10/19/2005 5:57:54 PM
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DEEDS
Inst Number
98104636
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payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period <br /> that•Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Bonower shall pay <br /> the premiums required to maintain mongage insurance in effect, or to provide a loss reserve, until the requirement for mortgage� <br /> insurance ends in accordance with any written agreement between Borrower and I.ender or applicable law. <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give � <br /> Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. �ri <br /> 10. Condemnation. T'he proceeds of any award or claim for damages, direct or consequential, in connection with any� <br /> condemnation or other tal:ing of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and <br /> shall be paid to L,ender. <br /> In the event of a total tal:ing of the Propeny, the proceeds shall be applied to the sums secured by this Security Instrument� <br /> whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair ' <br /> market ��alue of the Propert�� immediatel�� before the tal:ing is equal to or greater than the amount of the sums secured b}� this <br /> Securih� Instrument immediately before the tal:ing, unless Borrower and Lender otherwise agree in writing, the sums secured b}� <br /> this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total <br /> amount of the sums secured immediately before the tal:ing, di��ided by (b) the fair market value of the Property immediatel�� <br /> before the taking. Any balance shall be paid to Borrower. In the event of a partial tal:ing of the Property in which the fair <br /> market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the <br /> taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall <br /> be applied to the sums secured by this Security lnstrument whether or not the sums are then due. <br /> If the Properry is abandoned by Bonower, or if, afier notice by Lender to Borrower that the condemnor offers to make an <br /> award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, <br /> L.ender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums <br /> secured by this Securit}� Instrument, whether or not then due. <br /> Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br /> postpone the due date of the monthly pavments referred to in paragraphs I and 2 or change the amount of such payments. <br /> 11. Borrower Not Released; Forbearance B�� Lender Not a Waiver. Eztension of the time for payment or modification <br /> of amonizacion of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall <br /> not operate to release the liabilit�� of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br /> commence proceedings against an�• successor in interest or refuse to extend time for payment or otherwise modif}� amortization <br /> of the sums secured b�� this Securin� Instrument by reason of any demand made by the original Borrower or Borrower's <br /> successors in interest. An�� forbearance b}� l.ender in ezercising an�� right or remed}� shall not be a waiver of or preclude the <br /> ezercise of any right or remed}�. <br /> 12. Successors and Assigns Bound; Joint and Several Liabilit3�; Co-signers. The covenants and agreements of this <br /> Securin� Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br /> paragraph 17. Borrower's covenants and agreements shall be joint and several. An�� Borrower who co-signs this Security <br /> Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and corivey that <br /> Borrower's interest in the Propem� under the terms of this Securit}� Instrument; (b) is not personally obligated to pay the sums <br /> secured by this Securit�� Instrumenc; and (c) agrees that Lender and any other Borrower ma}� agree to eztend, modify, forbear or <br /> make an}� accommodations with regard to the terms of this Securit�• Instrument or the Note without that Borrower's consent. <br /> 13. Loan Charges. If the loan secured b}� this Securiry Instrument is subject to a law which sets mazimum loan charges, <br /> and that law is finall�� interpreted so that the interest or other loan charges collected or to be collected in connection with the <br /> loan exceed the permitted limits, then: (a) am� such loan charge shall be reduced by the amount necessary to reduce the charge <br /> to :he permitted limit; and (b) an}• sums alread}� collected from Borrower which ezceeded permitted limits will be refunded to <br /> Borrower. L.ender ma}� choose to make this refund by reducing the principal owed under the Note or b}� mal:ing a direct <br /> payment to Borrower. If a refund reduces pnncipal, the reduction will be treated as a partial prepayment without an�� <br /> prepayment charge under che Note. � <br /> 14. Notices. An�� notice to Borrower provided for in this Security lnstrument shall be given b�� delivering it or by mailing <br /> it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Propem� Address <br /> or any other address Borrower designates b�� notice to Lender. Any notice to Lender shall be given by first class mail to <br /> Lender's address stated herein or an�� other address Ixnder designates by notice to Borrower. An�� notice provided for in this <br /> Securit}� Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. - <br /> 15. Governing La��; Severabilit��. This Securit�� Instrument shall be governed by federal law and the laa� of the� ' <br /> jurisdiction in which the Propem� is located. ln the event that an}� provision or clause of this Security Instrument or the Note..;. <br /> conflicts with applicable law, such conflicc shall not affect other provisions of this Securiq� lnstrument or the Note which can be <br /> given effect without the conflicting pro��ision. To this end the provisions of this Secunty Instrument and the Ivote are declared••�» <br /> to be severable. • <br /> 16. Borrower's Cop��. Borrower shall be given one conformed copy of the Note and of this Securiry Instrument. <br /> Form 3028 9/90 <br /> �-6RINE1�szizi.o2 Pape 4 0l 6 <br /> � i��f�.is <br />
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