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89100624
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Last modified
10/19/2011 5:14:55 PM
Creation date
10/20/2005 9:15:03 PM
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DEEDS
Inst Number
89100624
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1 <br />89._.100624 <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 />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent 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 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 fraction; (a) 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 Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor offers to <br />make an ,. ward or settle a claim for damages. Borrower fails to respond to Leader 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 4Wl 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, Borrower Not Relrs�t,; Ferb"n —ante By Lender Not a Waiver. Extension of the time for pay!+x mt or <br />modification 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 release 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 of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Sucaeisors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />ibis Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the 1!yctLe: (.i) is -signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interLdt in the Proa,:.0 y tinder the terms of this IYCCurity'Instrument. (v) is not Personally Ouligaud lo tray <br />the sums secured by this Security Instruument; 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 dtis refund by reducing the principal owed <br />under the Note or by makftig,•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. Legislation Affecting 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 unenforceableaccording to 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 1f Lender exercises this option, 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 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. &i=wcr. Any notice <br />provided for in Ois Security Instrument shall be deemed to have been given to Borrower or lender w hen given as provided <br />in this Paragmgh <br />15. Governing Lbw; Severability. This Security Instrument shall be governed try 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 provis ors of this Security Instrument or the Note <br />which 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 />15. 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 Beneficial Interest in Borrower., .. If all or any part of the Property or any <br />interest in it is sold'. or transferred (or if a beneficial interest in Borrower is solid 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 taw as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall prop ide a period <br />of not less than 30 days from the date the notice is 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 />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate. if Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument. or (b) entry of a judgment enforcing this Security instrument. Those conditions arc that Borrower- <br />fa) pays Lender all sums which then would be due under this Security instrument and the '.Vote 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 bistrurnent, including. but not limited to. reasonable attorneys' fees: and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights to the Property and Rorrouer's <br />obligation to pay the Burns secured by this Security instrument shall continue unchanged Upon rrtnstatcmcm by <br />Burro %4cr. this Security Instrument and the obligations secured herchy shall remain tully cftertj%c.is it no accelcrmitm h.ui <br /><ticurred llowc%cr. this right to reinstate shall n� t apply in the case of acccieratn yr under paragraph, I ; nr I <br />7 <br />P_ <br />to <br />U15 <br />I <br />
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