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89101455
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Last modified
10/19/2011 8:31:55 PM
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10/20/2005 9:22:41 PM
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DEEDS
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89101455
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89=' 1.01455 <br />If Lender required mortgage insurance as a condition of making the loan soured by this Security Instrument, <br />Bgrro rah ird t vaquired to maintain the insurance in dfeet until such time as the requirement for the <br />in r'lfii ceivith Borrower's and Lender's written agreement orBpplicable law. <br />llttr� • 1F, s agent may make reasonable entries upon and inspections of the Property. Lender <br />s ofor prior to an inspection specifying reasonablecuuse 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, taping of any part of the Property. or for conveyance its' 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 ft sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event iif a partial taking of the Property. <br />unless Borrower and Lender otherwise agr in writing; the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by tL- following. fraction: (a) the total amounti 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 award or settle a claim for damages, Borrower fails to respond to Lender withir t 30 days after the date the notice is <br />given. Lender is authorized to collect and apply the proceeds, at i is,oi Lion, eii 'ter to rt :t6vion c - repair of the Property or <br />to thesums secured by, this Security Instrument, whether or not then due_ <br />Unless Lender and Borrower otherwise agreein writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs i and 2 or change the amount of such payments. <br />10. Borrower. Not Released Forbearaaae By Lender Not s Waiver. Extenton of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument gmated by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of cite original Borrower or Borrower's successors in interest. <br />Lender shall not be required to o=mence proceedings agaftL -t 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 Borrowers successors in interest. Airy forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude: al-e exercise of any right or remedy. <br />11. Sterceswrs and Asst m Bound; Joint and Several Liability-, Ca-deem The covenants and agreements of <br />this Security knstrument shall bind andbenefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrowe rscav -.=Ts and agreements shall be joint and several. Any Borrower who co-signs this Security <br />IInsasurneat but discs not execute the Note. (a) is co- signing this Security Instrument only to mortgage, grant and convey <br />the, BoTroraer's interest in the Property under the terms of this Security Instrument; (b) �s not personally obligated to p'ky <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any oth:pr Borrower may agree to = xtena; <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 Charger!. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally intr-rpreted 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. Lwder may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Sarrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepaym -It charge under the Note. <br />13. Legislation Affecting Ltak er's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision ci'the Note or this Security instrument unenforceable according 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. If 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 zpplicable law requires ute of another method. The notice shall be'6irected to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to tumder shall be given by <br />firsa 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 daecned to have been given to Borrower wr Lender when given as &ovided <br />in this paragraph. <br />15, Governing Law;.Severtiiia.� :ty. 711 -3 Security Instrument shall be governed by federal law and the 1'.asx of the <br />jurisdiction in which the Llaoperty as located. In tree event that any provision or clause of this Security instrument or the <br />Note conflicts with applicasEe lair, such conflict ska;l not affect other provisions of this Security In,_crument or tl;e Note <br />which can be given effect wv ,,hour tfie conflicting provision. To this end the provisions of this Security Instrument: nruy 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 Icrsr; ;Men G. <br />17. Transfer of tie Property ore Beneficial Interest in Borrower. If all or any part of E'ae Property ur ar�y <br />interest in it is sold or transferred (or if 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 hy. t-Ms Security Instrument. However, this option shall not be exercised by Under if exercise is prohibited by <br />federal law aw of the date of this Se=icy Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceieration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within wh h Borrower must pay all sums secured by <br />I his 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 />18. 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 o1: (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 />L 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 />Bnrrower, this Security instrument and the obligations secured hereby shall remain fully etfecuve as of no acceleration had <br />occurred However, this right to) reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />IF <br />ke <br />1. <br />r` <br />rr• - <br />
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