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89100895
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89100895
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Last modified
10/19/2011 6:18:52 PM
Creation date
10/20/2005 9:17:31 PM
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DEEDS
Inst Number
89100895
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89-- 100895 <br />tf.l3.ender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />13cOM Wto shalt pay the premiums required to maintain the insurance in effect until such time as tht requirement for the <br />inn. m n,ce terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />C Ttmpeetlot:. Lender or its agent may make rasornable entries upon and inspections of the Property. Lender <br />shield Siva Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />fi Coodwaimitim The proceeds of any award or claim for damages, direct or consequential, in connection with <br />my cea demnatdon or other taking of any part of the Property, or for conveyance in lieu of.condemnation, are hereby <br />as ws.-dandshall be paid to Lender. <br />)n the event of a total taking of the Property, the procxds shall be applied to the sums secured by this Security <br />Isrammedt, whether or not then due; with any excess paid to Borrower. In tho event of a partial taking of the Property, <br />urb ss Borrower and Lender otherwise agree in writing: the sums secured by this Security Instrument shall be reduced by <br />tbessnount of the proceeds multiplied by the following-fraction. (a) the total amount of the sums secured immediately <br />befCe the taking, divided by (b) the fair market vain of the Property unmadiately before the taking. Any balance shall be <br />1724013orrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />matt tan award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the inodmis . <br />f6'vvvA Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />oat1a 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 notemtend or <br />ggatpone the-due date df the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10 l9tarmwer Not Redew* Forbearartese By Leader Not a Waiver. Extension of the time for nayrntent or <br />dificati oi~aurtortiion of the sums secured by this Security Instrument • granted by Lender to any successor in <br />.eat Qf Borrower shai3 not operate to release the.iiability of the original Borrower or Borrower's successors in interest. , <br />gender shah, =t be required to commence pings against any successor in interest or refuse to extend time fer.. <br />payment or oCr swise modify amortization of the sums secured by this Security Instrument by reason of any demand tee' <br />by the otioc*SlBorrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or aeme:{y <br />shall not be asvaiver of o rpreclude the exercise ofany right or remedy. <br />11. ' Soeer!aaots aasd Aaaims Bound; Joint seed Severed Lfsbilitr Co4fgpera. 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 />O paragraph 377. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument bat does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey <br />that Borro*es interest in the Property under terms of this Security Instrument; (b) is not personally obligated to pay <br />the sutras 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 Borrot>ves consent. <br />IX Loam (Marge. If the loan secured by this Security Instrument is subject to a law which sets maximum. toad <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be edl'ecbri in <br />omnection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the arnimnt <br />necessary to reduce the dkarge to the permitted limit; and (b) any sums already collected from Borrower which exree6d . <br />permitted limits will W refunded to Borrower. Lender may cbmse to makt this refund by reducing the principal cwO , <br />under the Now or by mak nS a direct payment to Borrower. If a Tdund reduces principal, the reduction will be trial. , d, as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation A feetiag Lesdeesa R40r4s, If enactment or expiTatims of applicable laws has the Weft of <br />rendering any provision -of the Note or this Secuhty Instrument unenforceable according to its terms, Lender, at its optics', <br />may require immediate payment in frill of all sums secured by this Security Instrument and may invoke any rc tedies <br />permitted b9 paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second p> #X.aph of <br />paragraph 17, <br />14. Notices. Any notice to Borrower provided for in his Security Instrument shall be given by delivering it or by <br />mailing it by first class trail unless applicable law requires use e1 another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates inj notice to Lender. Any notice to Lender shall be given by <br />first class =W to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided rosin this Security Instrument shall be deemed to have been given to Borrower ar Lender when given as provided <br />in this paragraph. <br />.19. Govemlas I&M Severability. This Security Instrument sal be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provi en or clause of this Security Instrument or the <br />Note conftu with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Norte <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrurawt and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrumemt. <br />17. Tramder of the Property or a BeeefdeW Interest in Borrower. If all or any part of the Property or a_z y <br />interest ip it rs sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not & Ctdia <br />person) vraNjut Lender's prior written consent. Lender may, at its option. require immediate payment in full of; atf ,:mss. <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is proh bhtd C.; <br />Feral Lacer as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice 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 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, nor: owez s 8141 to Relas:me If roos- rower rrteets certain conditions, Borfowe-r shall have the right tv 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 />L 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 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 />Security Instrument. including. but not limited to, reasonable attomeye fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security instrument. Lender's rights in the Propery and Borrower's <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 shalt remain fully effective as if no acceleration had <br />incurred. however, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />i <br />In <br />rw <br />r' <br />� a <br />J <br />
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