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90100448
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Last modified
3/7/2012 4:40:50 PM
Creation date
10/20/2005 8:29:07 PM
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DEEDS
Inst Number
90100448
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I � <br /> 90�-=10�44� <br /> � lf Lender required mortgage insurance as a conditian c�f making the (o�n secured by this Security Instrument, <br /> 8orrow�er shall pay ihe prerniums required to maintain the insurance ia e�'ect until such time as the requirement f�r the <br /> imoraneP te�minates in accordsnce n�ith Horrou�er's and Lcnder's ti�rittea agrcemcnt or applicabl�law. <br /> 8. Inspectlon. Lender or its agent may make reasonable entries upan and inspections of'the Pr�perty. Lender <br /> shall give 8orrower notice at the time of or priar to an inspection specifyiog reasonAwle cause Por the inspection. <br /> 9, CondemnAtion. The proceeds of any award or claim for damages,direct or cansequential,in connection with <br /> any condemnation or other taking of any pan of the Aroperty. or for conveyance in lieu of condemnation, are hereby <br /> assigned and shall be paid to Lender. � <br /> In the event of a total taking af the Property, the proceeds shall be applied to the sums secured by this Security <br /> Instrument,whether or not then due,with any excess paid to Horrower. In the event of a partial taking af the Property, <br /> unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by <br /> the amou�t of the proceeds multiplied by the fallowing fraction:(a)the total amount of the sums secured immediately <br /> bcfore the taking,divided by(b)the fair market value of the Property immediately before the taking.Any balance shall be <br /> paid to Borrower. <br /> lf the Propeny is abandoned by Bonower,or if,after notice by Lender to Borrower that the condemnor oflers to <br /> make an award or settle a claim for damages.Borrower fails to respond ta Lender within 30 days after the date the notice is <br /> given,Lender is suthorized to callect and apply the proceeds.at its option.either to restoration or repair of the Propeny or <br /> to the sums secured by this Security Instrument,whether or not then due. <br /> Unless Lender and Horrower otherwise agree in writing,any application of proceeds ta principal shall not extend or <br /> postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 10. Borrowe� Not ReleASed; Forbe�trs�nce By Lender Not a Waiver. Extension of the time for payment o: <br /> madificatian of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br /> interest of Borrower shall not operate to rclease the liability of'the original Borrower or Borrower's successors in interest. <br /> Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for <br /> payment or otherwise modify amortization of the sums secured by this Security Instrument by reason af any demand made <br /> by the original Borrower or Honower's successors in interest.Any forbearance by L.ender in exercising any right or remedy <br /> shall nut be a waiver af or preclude the exercise ot'any right or remedy. <br /> 11. Successors and Assigns Bound;Joint and Several Liability; Co-sigaers. The covenants and agreements of ' <br /> this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions � <br /> of paragraph 17.Borrower's covenants and agreements sha11 be joint and several.Any Barrower who casigns this Security <br /> Instrvment but does not execute the Note:(a)2s casigning this Security Instrument only to mortgage,grant and convey <br /> that Banower's interest in the Property under the terms of'this Security Instrument;(b)is not personally obligated to DaY � ` <br /> � tne sums secured by this Security Instrumeni;and(c)agrees that Lender and any ather Borrower may agree to extend, --_ <br /> modify,forbear or make any accommodations�vith regard to the terms of this Security Instrument or the Note without <br /> that Bonower's consent. <br /> • 12. Loan Charges. !f the loan secured by this Security Instrument is subject to a law which sets maximum loan = <br /> � charges, and that law is finally interpreted so that the interest or ather loan charges collected or to be collected in - <br /> connection with the loan exceed the permitted limits, then: (a) any such luan charge shall be reduced by the amount — <br /> � necessary to reduce the charge to the permitted limit;and(b)any sums already collected fram Borrower which exceedea �; ,— <br /> ' permitted limits wi11 be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br /> under the Note or by making a direct payment to Bonower.If a refund reduces principal,the reduction will be treated as a <br /> partial prepayment without any prepayment charge under the Note. <br /> 13. Legisladon ARecting Lender's Rights. If enactment or expiration of applicable laws has the effect of � <br /> rendering any provision of the Note or this Security Instrument unenforceable according ta its terms,Lender,at its option, ; . <br /> may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br /> permitted by paragraph 19.If Lender exercises this option,Lender shall,take the steps specified in the second paragraph of <br /> paragraph 17. <br /> 14. Notiees. Any notice to Borrower provided for in this Security Instrament shall be given by delivering it or by `�" <br /> mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the , � <br /> , Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by �. <br /> first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower.Any notice ' <br /> provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br /> in this paragraph. <br /> 15. Governing Lsw;Severability. This Security lnstrument shall be gaverned by federal law and the law of the <br /> jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the <br /> Note conflicts with applicable law, such conflict shall not affect other provisions of this Sccurity Instrnment or the Note <br /> which ean be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br /> Note are declared to be severabl�. <br /> 16. Borrower's Copy. Sorrower shall be given one conformed copy of the Note and of this Security Instrument. <br /> 1'I. Transfer of the Property or a Beaeficial Interest in Borrower. If all or any part of the Property or any <br /> interest in it is sold or transfer:ed(or if a beneficial interest in Horrower is sold or transferred and Borrower is not a natural <br /> person)without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums <br /> secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by <br /> federal law as of the date of this Security Instrument. .--____- <br /> If Lender exercises this option,Ixndet shall give Borrnwer nntirP�}'arrP(eration.The noti�e shall provide a period ' <br /> of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all cums secured by <br /> this Security Instrument.If Horrower faiis to pay these sums prior to the expiration af this period,Lender may invoke any • <br /> remedies permitted by this Security Instrument without further notice or demand on Borrower. . � <br /> i$.Fsorrower's Right to Reinstate. If Borrower meets certain conditions, Borrower sha11 have the right to have <br /> enforcement oPthis Securiiy Instrument discontinued at any time prior to the earlier ot:{a)5 days{or such other perivd as e�1 <br /> L applicable law may specify for reinstatement)befvre sale of ihe P:operty pursuant to any power of sale contained in this �r <br /> Sccurity Instrument;or(b)entry of a judgment enforcing this Security instrument. Those conditions are that Borrower: <br /> (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration `� <br /> occurred; (b)cure-s any defai�lt of any other covenants or agreements: (c) payti all expenses incurred in enforcing ihiti �p <br /> Security Instrument, including. but nnt limited t��, reasonbble attorney�' fers; and (d) takcs tiuch action ati l.ender may �►.�� <br /> reasonably reyuire to assurr that the lien �f this Security Instrument, I.ender'ti right� in the Pr��perty and F3nrrc�wer's �' �. <br /> obhga��cm ta pay the Sumti tiecured by this Security Instrument tihaU c�ntinue unch�n�;ed l'�on rrin�tatement hy '' '� <br /> Hnrrnwer,ihiti Secunly Intitrumrnt and the��hligatton�tiecured hereby�tihall rema�n fuUg efTech�e c��.if nc�cirreler.ifion h�d <br /> <�ccurred H��wr�cr.th�s right tu rcin�,latr shall n��t arply�n thc c.�tir irf acccicr:�Unn ut�dcr��ara�r:�rhti I��,r 17 <br />, � <br />
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