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89100038
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Last modified
10/19/2011 3:28:46 PM
Creation date
10/20/2005 9:10:03 PM
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DEEDS
Inst Number
89100038
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r <br />89. 100038 <br />If lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintsin the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance With Borrower's and Lender's written agreement or applicable law. <br />8, Iaspection. Lender or its wgent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, 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 of the Property, the proceeds shall he applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. in the event of a partial taking of the Property. <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secures; iauucrui�iYely <br />before the taking, divided by (b) the fair market v ralue of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property its abandoned by Borrower, or if. after notice by Uo ider to Borrower that the condemnor offers to <br />make an award or settle a claitnt ferr damages. Borrower fails to respond iu-r Lender whthirr! 30 days after the date the notice is <br />given, Lender is authorized te+v;ti1'Nt and apply the proceeds, at its option; either to resit nation or m-pair of the Property or <br />to the sums secured by this Sccut" instrument, whether or not then due. <br />Unfxss Lender and 1304Tat %wotherwise agree in writing, any application of ps x, i ds to principal shall. not extend or <br />postpowe Kit due date of the tQyo' ility payments referred to ire paragraphs I and 2 ev Q. i,;nasge the amount of queen ppca,yments, <br />1@I 'Hortrower Not Redettgcd; Forbearance By I.e&er Not a Waiver. tnkension of the time flit 04 ..tnt or <br />modificatkh of the sums secured by this Security Instrument graihied by Lender to any'ue.cessm in <br />interest pf 19!errew .�tS;�1 F ttrM � irate to release the liability of the original Borrower or Borrower's successors irm nn' teresii: <br />Lender sha!M nat< be mq>uuW so commence proceedings against any successor iti f,--serest or refuse to exG�cd time for <br />paymen:. �x earth er i e r nil amortization of the sums secured by this Security AnKtta 4ment by reason of any dnnand made <br />by the orbs xli II,xtt xvrceror Borrower's successors in interest. Any forbeartrnae by"l Wkr in exercising any right or remedy <br />shall net lire ga wi a ver oft Orr preclude the exercise of any right or remedy;.. <br />Up" Sime aors and Assigns Bound; Joint and Several Llik l>lity, signets. The covet=ts and agreements u4r.. <br />this Security Instrument shall bind and benefit the successors and assigns of Lender subject to the provisiiutwk <br />; <br />of paragraph 17. Borrower's covenants and agreements shall be dint. and several. Ahy.Borrower who co- signs. ih%Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant nerd convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />- <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend.. <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If 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 other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this t:s zzid by reducing the pzncipal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces princ tr 'u the reduction witl:.f* treated as a <br />partial prepayment without any prepayment charge under the Note. <br />I& i.e&Iation Affecting Lender's Rights. If enactment or "expiration •o£ sll# �-iabk laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable acc idirg to its terms, Lender„ of its option; <br />may require immediate payment in full of all sums secured by this Sectihty Irstruruent and may invoke aay: remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steles specified in the second *4raph of <br />paragraph` 17. <br />14. Notices. Any notice to Borrower provided for in this Secuirfy.gttsirtx=nt shall be given by delivering it or by <br />r <br />mailing it by first class mail unless applicable law requires•u.se.+if aAothtr ineiN4,The notice shall be directed to the <br />Property Address or any other address Borrower designates bg: rtorece to Lender. Airy.: notice to Lender sh.all,1 *. 'vet}. by <br />? <br />` <br />first class mail to Lenders address stated herein or any other address' Le#tder designates by notice to Boar }rye r.. A v notice.. <br />#k , <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when givtie zs provided! <br />in this paragraph. <br />1S. Gorehdng Law; Sevt~rability. This Security Instrument shall be governed 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 Insirutk,ent or the <br />Note conflicts %ith applicable Iav� such conflict shall not affect other provisions of 'this Security Instrument or the Note <br />which can be swen c5cct without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declarediobe severable. <br />16. Borrowees Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest iii Borrower is sold or transferred and Borrower is nou a natural <br />person) without Lender's prior written consent, Lender rrmy, at its option, require immediate payment in full' ofall sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if..ecercise is prohibited <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give BcrCower notice of acceleratzon. The notice shall provide a period: <br />- — -- <br />of not less than 30 days from the Hate the notice is dc:i,.ered.pr mailed %;thin which .Bc irrower" must pay all sums, secured by.' <br />this Security Instrument. If Borrower fails to pay these'suths prior to rt_e expiration. o,f this period, Lender may invoke any . <br />! <br />remedies permitted by this Security Instrumentmithout further notici%o demand on borrower. ' : <br />18. Borrower's Right to Reinstate. If Borrower meets ceLtscrr conditions. Borrower stuU have the right to haw -. <br />enforcement of this Security Instrument discontinued at any tirne prior to the earlier of (a) 5 days (or such other period as' <br />applicable law may specify for reinstatement) before sale ©f the Properly pursuant to any power of sale contained in this <br />Security 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) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />ti <br />Security Instrument, including. but not limited to, reasonable attorneys' fees; and (d) takes %itch action as lender may <br />�p <br />tcasonahly require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's <br />t� <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged l'Imn reinstatrrnent by <br />ltorrouer. thvs Security instrument and the obligations secured hereby %hall remain fulls efTecu.c as if no acceletatton haul <br />f1cc•urred lloac%cr thtsnght to reirMate %hall not apply rn the case of accelcianori under 1).mi ;rarhs i A of 1"t <br />9 <br />
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