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89101074
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Last modified
10/19/2011 7:02:06 PM
Creation date
10/20/2005 9:19:12 PM
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DEEDS
Inst Number
89101074
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I <br />89- IOJL074 <br />If Leader required mortgage insurance as a condition of malting the loan secured by this Security Instrument, <br />Borrower shalli 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 />L IageetkwL Lender or its apent may make remeatile 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. Candennalloo. 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 />atuigned and shall be paid to Lender. <br />In the event of a total tatting of the Property, the proceeds shall be applied to the sums secured by this Security <br />Insatmaett. whether or not then due, with any excess paid to Borrower. In the evert of a partial taking of the Property, <br />unless Borrower and leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multipW try 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 />peid,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 resptnsd.to Lender within 30 days after the date the notice is <br />given, Fender is authorized to collect and apply the proceeds, at itsaption, either to restoration or repair of the Property, or <br />to thasums secured by this Sec idi-v Extent. whether or not thee; due. <br />.Unless Lender and Bor cower 6eswise agree in writing, any applicatim af proceeds to principal shall not extend or <br />prvae the due date of iiic niy-roeytaents referred to in paragraphs 1 and Z or change the amount of such payments. <br />10. hi!o: rower Nast; ibeLimV*'- >forlieanntee By Lender Not a Waiw: Extension of the time for payment or <br />modification of =wtization of the sumss segued by this Security Instrument granted by Lender to any successor in <br />interest of Vie; shall not operate to release the liability or the original Borrower or Borrower's successors in interest. <br />Lender shali =' 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 ofany demand made <br />bj tla gdginsl Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />si dot be awaiver of or preclude theexesciise of any right or remedy. <br />IL, : SiaMWM sari Asdgw two* Jost and Sevad L %biillty; Casigsen. The covenants and agreermenrs of <br />ti<nas Security Instrument shQLbind and benefit the successors and a us of Lender and Bawer, subject to the provisions <br />afparagraph •17. Borroweesammants and agreements shall be joint and sev=L Any Borrower who co -signs this Security <br />Emwument but does not erasrte the Note: (a) is co-signing this 5ecurrtp it wseerit only to mortgage, grant and convey <br />tf ui Borrower's interest in the Property under the terms of this Security invr.asrent; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that fender and any other Bawer may agree to extend, <br />modify, forbear or make any accommodations with regard to the tn-,"-ts of this Security Instrument or the Note without <br />rhafi Borrower's consent. <br />1Z. Lose Cbwga. If the loan secured by this Secur -ty bvrument is subject to a law which ants maximum loan <br />charges, and that law is finally interpreted so teas Mite interea or other loan charges collected or to be collected in <br />connection wkh the loan exceed the pemtsctted L1#it% then: (a) my such loan charge shit be reduced by the amount <br />necessary to reduce the charge to the permitted IS - ";4 and (b) arr wins already collected from Borrower which exceeded <br />permitted limits will be refuxded to Borrower. Leader may choose to make this refund by reducing the principal owed <br />uWa the Note or by maki4 a: &rest payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without ma pcepalmr.rit charge under the Note. <br />13 L4&ktke ARecuiaW LewWs RIO&L If enactment or expiration of applicable laws has th4 effect of <br />rendering any provision of the Nate or its Security Instrument unenforceable according to its terns, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may Wick -. any remedies <br />permitted by paragraph 19. If Lender exercises this: tpaion. Lender shall take the steps specified in the se�v rti paragraph of <br />paMgraph 17.: <br />14, Kadica. Any notice to Romwer provided for in dais. security Instrument shag be given by deliveri.v if: Cr by <br />mailing it by first class mail unless aFq-�:icable law requires use of another method. The antice 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 />fast 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 Secur ftyv Instrumert shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Goiraft Law; Seveaforility. This Security Instrument shall be governed 1Ly) fidra) law and the law of the <br />jurisdiction its which the P aperty is located. In the event that say provision or clause of the., Swntity Instrument or the <br />Note conflicts with ap -wiWe law, such conflict shell Wit a!fert other provisions of this Sewdt:i_ Instmment or the Note <br />which can bcg;ven erect siithout the conflicting pm0,k7.'Ta this end the provisions of tltisSftwT%Y Instrument and the <br />Note are deel trod to be severable. <br />16. lisrrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Trader of tie Property or a BeseficW Interne 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 sold 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 />J. federal law 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 />It. Doi- ia..ar's l llg: to Re`.;�ta. If Rorro ref meesa certain conditions, Borrower sliaf ire the Of to heave <br />enforcement of this Security Instrument discontinued at any time prior to the earlier oft (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 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 in the Property 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 shall remain fully effective as if no acceleration had <br />occurred. However, this tight to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />v <br />s <br />i. <br />s- <br />M1 <br />�6 <br />v�� <br />
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