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89100310
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10/19/2011 4:15:20 PM
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10/20/2005 9:12:14 PM
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DEEDS
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89100310
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r- 7 <br />89 100310 <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 maintain the insurance in effect until such time as the requirement for the <br />t insurance terminate in accordance with Borrowees and Leader's wnW.- P- agreement or applicabk law. <br />•. inspection. Lender or its agent may make reasonable ent.r ms upon and inspections of the Property. Lender <br />shall give Borrower notice at the time ofor prior to an inspection specifying reitsonable cause for the inspection. <br />9. Can*=satiaa. 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 be 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 fhaction: (a) the total amount of the suers secuted imina tely <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 Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given. Lender is authorized to collect and apply the proceeds. at its option, either to restoration or repair of the Property or <br />to the sums secured by this Security 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 payments inferred to in paragraphs I and 2 or change the amount o(such payments. <br />10. Borrower Not Rdeaw* Forbatranee By Lender Not a Waiver. Extension of the time for payment or <br />mcdifieatioa c6 amortization of the sutras secured by this Security Inatrument granted by Lender to any successor in <br />i.wm est of Ectro rer shall not operate to rzl :se the liability of the original grower. or Ronvwees sim- vs_Qors in interest. <br />Lender shag not be required to commence prootedings against any successor. in interest or refuse :Ao extend time for <br />payment or otherwise' amort ization of the sums secured by this Secett'ity Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lexrder in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remdy. <br />11. Sateessots gad Aaslga+s Rental; Joint aai Several Lisbfllty; Co-signers. 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 shall be joint and several. Any 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 convey <br />that Borrowers interest in the Property under the terms of this Security Instrument; (b) is not personalty obligated to pay <br />the sums setitiatred by this Security Instrument; and (c) agrees than Leader aed any other Borrower may agree -to extend, <br />tIIOUtiy, 4orvear or irate itEx-3M —Mwa siforli with regard to-the tcarms &4thw ,�+w�"ii : :.� 1n !M -.ra=t oralse Neft --i iie,nt <br />- <br />::r.• <br />that Borrower's consent. <br />12. Loan Mrges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />_ <br />charges, and that law is finally interpreted so that the interest or other ban charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such ban 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 whkh exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />- <br />under the Note or by mating a direct payment to Borrower. If a refund reduces principal, the reduction. will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Iexislatiott Affecting Lender's Rlglaft If enactment or expiration of applicable laws has the -effect of <br />rendering any provision of the Note or this Security Instrument unenfor= -Me according 'to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Secu: its Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall talee the steps specified in the second paragraph of <br />: , <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by <br />r <br />y' ' <br />mailing t b first class mail unless applicable late requires use of another method. The notice shall be directed to the <br />8 Y pp e9 <br />:�. <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to I. Mer 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 />115. Governing IoM Severability. This Security Instrument shall be governed by federal law and the liw 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 Security Instrument or the Note <br />w 'hich can be given effect'without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />116. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beaeffcial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a benefidiul; interest in ]Borrower is sold or transferred and Bormwer is not a Batumi <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 optiett sball not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If lender exerctses this option, Lender shiietl giiie )�4itrower notice of acceleration. The notice shall provide a period . <br />of not less than 30 days, from the date the notice It delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />i <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />la. Borrower's Rf0t to Reinstate. If Borrower meets-certain conditions, Borrower shall have the right do have <br />enforcement of this Scoi ity Instrument discontinued at. any ttime prior to the earlier of: (a) S days (as such other period as <br />applicable law may specify for reinstatement) bdbi'e sale of the l rapercy'pursuant to any power of contained in this ... <br />Security Instrument; pt (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender a)1 rams 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 />Security instrument, including, but not limited to, reasocmbte attorneys' fees; and (d) takes such action as Lender may <br />lien Security instrument, Lender's rights in the Property, and Borrower's <br />reasonably require to assure that the of this <br />obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />
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