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89101615
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Last modified
10/19/2011 9:10:45 PM
Creation date
10/20/2005 9:24:13 PM
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DEEDS
Inst Number
89101615
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I <br />tea- <br />WN <br />a <br />4 <br />o . <br />89- 101615 <br />If Lender required mortgage insurance as a condition of snaking the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maiaWa the insurance in effect until such time as the requirement for the <br />insurance uerminata in accordant with Borrower's and Lender's written. aare=ent or applicable law. <br />S. hmpeCUM Lender at its agent may make reasonable erttres.upon and inspections of.the Property. Lender <br />shall give Borr+owernotice at the time of or prior tQSn inspection specifyig6 rodi amble cause for.the inspection. <br />4. Candewaatice. The proceeds of any award or claim for damagft, director consequential. in connection with <br />any condemnation or ether taking of any part of the Property, or for cor:r*Mce in lieu of condemnation, are hereby <br />assigned and shall be paid to Leader. <br />In the event of a total taking of the Property, the proceeds shalt be applied to the sums secured by this Security <br />Instrument, whether ar not. then, dqe, With any excess paid to Borrower. In the event of a partial taking of the Pcperty, , <br />unite Borrower and Lend "Ce -agree in writing, the sums secured by this Security Instrument shall be re toed by <br />the amount of the pmcee�a 4 ii94 br+ the folkwing fraction: (a) the total amount of the sutras secured imtttetlastely <br />lieet'ore the taliija& dividehy-(b) tae ffir :mnarket value of the Property immediately before the taking. Any balanaa shall be <br />paid to Bomar -` <br />If the Property is abandoned 6� Borrower.. or if, after notice by Lender to Borrower that the condemnor offers to <br />tsrake an award or settle a claim for damages, Borrstver fails to respond to Lead= within 30 days after ihe.date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its option, elt�=tra restoration or repktii the Property or <br />to the sums secured by this Securityfi�itrrnettt, whether or star: [Cron due. <br />Unless bender and Borrower cdperwise agree in writi*: any applicat; * of (rrococ�b tp-, ,s ;I tat rz±sss d+ar <br />postpone the due date of the monthly payments referred to itt paragraphs I ab+:E 2 or change the asntit 'of suchptr=M <br />10. Borrower Not Rekaset; Forbearance By Lender Not a Wi9fer. Extension of thtti !Z-.m for pivi t or <br />modification of amortWdon of the sums secured by this Security Inst=ent granted by Lender to any sttO*Wor to <br />interest of Borrower droll not operate to release the liability crdiijdFq i& Borrower or Borrower's successors is 'bl. Crest. <br />Lender shag rnsL. be ireOred to commence proceedings aphir axty . successor in interest or refuse to extend Y c e for <br />payment cr.O* ise: trztxlafy amortization of the sums secured ty,this Security Instrument by reason of any demand made <br />by the otY.g%tcd rrtar Borrower's successors in interest. A;y forbearance by Lender in exercising any right or remedy <br />shall not be.iwrs-t-er af'a4 preclude the exercise of any right or r�izedy. <br />11.. Swveswrs Md Atau ps Bbss* Joist sad SeveriL Liability; Co-sipera. The covenants and agreernestts of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to theprovisions <br />of paragraph 17. Borrowees covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does sub: execute the Note: (a) is co-signing this Security rnttirament only to mortgage, grant and convey <br />that Borrower's interesvin the Property under the terms of this Security tatxrhmem; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees. that Lender wadi 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 w.fthout <br />that Borrower's consent. <br />12. Lou Charges. If the loan secured by this Security Instrunm at is subject to a law which sets maximum loan <br />charges. and that law is finally interpreted so butt the inteiYst or other loan charges collected ";to be collected in <br />connection with the loan exceed the permitted• limits, then. (a) any such loan charge shall be raslu.ed by tl,rr: amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Berro wer whks c:vgeeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing; the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund redFmm principal, the reductim i will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legkalatios Affecting Leader's Rights. if enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Nate or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may requite immediate payment in bill of all sums secured by this Security Instrument and may invoke any remedies <br />permitted 4 paragraph. l'3. If Lender exercises this option. Lender shall tats. the steps specified in th _ second paragraph of <br />paragraph, 1.. <br />14, Notica. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by <br />mailing it li3 first class mail un1mv applicable law requires use of another method. The notice shall be direetal 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 of any other address Lender d rsignates by notice to Borrower. Any notice <br />provided for in this Sec:ur<ty Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15; Governing Law; Severab(lity. This Security Instrument shall be governed by federal law and the lzw of the <br />jurisdictions in which the Property is located. In the event shat any provision or clause of- E pis Security Instrument or the <br />Note conflicts with applicable law, such conflict shalt not affect other provisions of this Security rnrytrument or the Note <br />which ca-t be given eff�ct without the conflicting. provision. To this end the provisions of this Security instrument and the <br />Note are d& -fared to &- severable. <br />16. , #OMWee$ Copy. Basrawer shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Irmashr of the Property'or a Bentflsial interest in Borrower. If afl or any part of r. ".e Property or any <br />interest in it is sold or trrtosferred (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 />federal law as .of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Bormwer notice of acceleration. The notice shall provide a period <br />of not le, Oian 30days from the date the notice is delivered nr retailed witl; its which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay, these sums rnor to the'expiration of this period, Lender may invoke any <br />remedich permitted by ihis Security Instrument without further tuotice o: demand on Borrower. . <br />l #i jtarrow s Right to Reinstate. If Borrower mertx-ceriaur LziodAiWis, ilurrowcr 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 ttrany 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 ;Say the sums secured by this Security Instrument shall continue unchanged- Upon reinstatement by <br />1larrawer. this Srcunty Instrument and the ablsgattnnssecured hereby shall remain fully effective as if na acceleration had <br />incurred Ifowever. this right to reinstate shall Lint apply in the case of acceleration tinder paragraph,. 13 or 17 <br />1 <br />7. <br />�I <br />-i <br />
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