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89100022
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89100022
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Last modified
3/5/2007 4:45:15 PM
Creation date
10/20/2005 9:09:55 PM
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DEEDS
Inst Number
89100022
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<br />r <br /> <br />l <br /> <br />I <br /> <br />I <br /> <br />89--.100022 <br /> <br />If Lender ..equired mortgage insurance us a condition of making the loan sc~ured by lhi!\ Sl:l;urir.)' In!\tfument, <br />Borrower shan pay the lltemiums required to maintain the insuranc~ in effect until sUl.:h time liS the rtqIJirement for the <br />insur.nct" terminates i"accordance with B<lrrower's and Lender's wrinen agreement or applicable Inw. <br />S. Inspection, Lender or its agent lUay make reasonabl.: elltri~ upon and inspections of the: Frcperty. Lender <br />shall gi\'c Borrower notice at the time of or prior to an inspection specifying reasonable cause f~.,r the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages. direct or con!\equential. in connection with <br />any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnatnQn, are hereby <br />assigned and shall be paid to Lender. <br />In the e\'ent of a total taking of the Property. the proceeds shaH be applied to the sums secured by this Security <br />Instrument, whether or not then due, with llny excess paid to BC'Il':t'v\wr, In tbe event of a partial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sum!.> AA."Ctr.red by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction, ~i"~ the total amount of the sums secured immediately <br />before 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 />If the Propert). is abandoned by Borrower. or if. after notice by lender to Borrower that the c~ndemnor offers to <br />make an award or seule a clanm for damages. Borrower fails to respond to Lender within 30 days after th~ da-to: the notice is <br />given, Lender is authorized Ie- -collect and apply the proceeds. at its option. either to restoration or repair oFtbe Property or <br />to the sums secured b~' tbns ~urity Instrument. whether or not then due. . " . <br />Unless len.der Me Borrower otherwise agree in writing, any application of proceeds to- principal shall not extend 'or <br />postpone the due date- onhe monthly payments referred to in paragraphs I and 2 or change th.t: amount of such payments. <br />10. Borrower ~~t R1efeased; Forbeannce By Lender Not a Wah'er. Extension.~f the time for payment or <br />modification of atn"'!:t~;zatiQiI!l of the sums secured by this Security Instrument ganted b}i"Lender to any successor in <br />interest of Borro~~ef sha~n not operate to release the Iiabmty of the original Borrower or Bo[T,lu~Ner'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 of any demand made <br />by the original Borrower or&rrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shaAU not be a waiver of or pfedude tbe exercise of any right or remedy. . ' <br />II. Successors and .Assigns Bound; Joint and Senral Liabmty; Co-signers. The covenants and agreements, of <br />this Security Instrument sltaLA'bind and benefit the successors and assigns of Lender and Borro~~r, subject to the pro\isions. <br />of paragraph 17. Borrower'$ ccvenants and agreements shall be jC1i.llt and several. Any Borrower who co-signs this Securit}' <br />Instrument but does not ell.ecute the Note: (a) is co-signing this Security Instrument only to mortgage, gl'1ant and convey <br />that Borrower's interest ilm ~e Property under the terms oftbis Security Instru.f.lIto:nt; (b) is not personally obligated to pay <br />th~ sums ~!!r~h.y this ~!!rity !p.strument; and {~) ag:-ees that Lender :md 3ny other Borrower may 3gree to c:t!e::~. ' <br />modify, forbearuJr make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower'sconsent, <br />12. Loan Charges.' ,(lFtfre loan secured by this Security Instrum~nt is subject to a law which sets maximum loan <br />charges. and that law is fin'aIly interpreted so that the interest or ot,ber loan charges collected or to be collected in <br />. comtew.ttion with the loan exceed the permitted limits. then: (a) lm:J; sij,Ch loan charge shall be reduced by the amount <br />neccSsilry to reduce the charge to the permitted limit; and (b) any'sums'already collected from Borrower which exceeded <br />pemiltted Iimit5','iiiU be refunded to Borrower. Lender may chOQ!.ie'b.j'.rnake this refund by reducing the principal owed <br />under the Note or by making Ii direct payment to Borrower. If a ref~ilJj redu~ principal. the reduction will be treated as a <br />part[,1~prepayment without an.y prepayment charge under the Note. . <br />13. LeglslatfoD Affecting Lender's Rights. If enactment 0[' ejl;i>i~tron of applicable laws has the effect of <br />rendering any pl~~~ion of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option. <br />may require immediate payment in full of all sums secured by this SecUlity Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender ellercises this optihn~ Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by deJi\'ering it or by <br />mailing it b)' firit 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 tol~nder's address stated herein or. any other address Lender designates by notice to Borrower. Any notice <br />provi.ded 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 />IS. Go.uning Law; Seyerability. This Security Instrument shall be .gc.\.'erned by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that an}' provision'oS"dause of this Security Instrument or the <br />Note conflicts with: applicable law, such conflict shall not affect 'other provisionS. of this Security Instrument or the Note <br />whk:b can be given effect without the conflicting provisinn.. To this end the pr(t~t!~ons of this Security Instrument and the <br />Noteare declared to be severable. <br />16. Bonower's Copy. Borrower shall be given one conformed copy of the Note and ofthis Security Instrument. <br />17. Transfer of the Property or. Beneficia' Interest in Borrower. If aU or any part of the Property or any <br />interest in it i!> sold <lr transferred (or if a beneficial interest in Borro.....er is sold or'transferred and Borrower is not a natural <br />~~) without Lender's prior.writt~n ;o)~sent. Lender may, at its option. reqlllre immediate payment in full of all sums <br />secuJr~ by this Security Insfv:ument HC'iNever. this option shall nOl be ellerdse;.~ by Lender if exercise is prohibited by <br />federal law as Q,f.'the date of this Security Instrument. . <br />If tend~'e.xercises this option, Lender shall give Borrower notgu of acceleration, The notice shall provide a period <br />ofnotless than 30 days from the date the notice is delivered or maii~ ..'i~hm which Borrower must pay all sums secured by <br />this ~urity Frn;!rument. IfB.oi'rower fails to pay these 'Sums prior to. the.expr.ration of this period. Lender may invoke any <br />remedies permitted by this SecUrity Instrument without liunher n(l:t~ce'lQJJ:' <l!em21mi on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets ce.~'::JC'onditions. Borrower shall have the rlghl to have <br />enforcement of .his Security Instrument discontinued at any time prior to the earlier of: (a) 5 day., (or such other period a!o <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of ...ale wntamed in Ihls <br />Security In..trurnent; or (b) entry of a judgment enforcing this SecurilY Instrument Thmc condition.. arc that Rorrower: <br />(a) pays Lender a1l sums which lhen would be due under lhis Security Instrument and the Note had no acceleratulD <br />Occurred. (b) cures any default Clf any other cO\lenants ur agreement!.: (e) pay.. all clIpc""e" Incllrred In enforcing thiS <br />Secunty In<;trument. mduding. bul not limited to. rea<;onable attorney..' fee..; and (dl take.. ..uch actioll a.. Lender may <br />reasonably requIre to a....ure Ih;Jt the lien of tlll<; Secunt;. Instrument. tender'.. rlghl" III Iht: l"ope.l)' ilnd Hllf(lIWcr'.. <br />obligation to pa) the ..um.. "cl'ur.:d hy th... SeclITlly In..trumcnt ..hall !;(IllllnuC 1Ilu.:hango:d Upon rl.'lIl"i.Ill.'lllent hy <br />ROT/owl'r.th,.. "CnUlI) In..trumen, ;ll1d Ilwo...."gallllll.. ..cc:ured hen'hy ..hall rcmalll fllll~ dfcrl'It... a"lfnoau:l'J('r,111P1I h.ul <br />1..:l:IJTf("d H(,.... t:\l't. 1111.. ralth'lfl relll'lale ,hall '111' arrl~ mIlle ('a"t.pf an'deratlon umlt'r p.tral!r"ph... 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