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89102443
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Last modified
10/20/2011 12:34:15 AM
Creation date
10/20/2005 9:32:42 PM
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DEEDS
Inst Number
89102443
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1 <br />89-x• 102443 <br />(' . If Lender required mortgage insurance as a condition of malting the loan secured by this Security Instrument. <br />j Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance taMiGNO ju accordance with Borrower's and Lender's written agreement or applicable law. <br />,� B• 1i4Oe8hi4- :.Lwder or its agent may snake reasonable entries upon, and inspections of the Property. Lender <br />hal4ivel lmmi vatsratiFesttee time of or prior to an inspection specifying reasonablecause for the inspection. <br />C411111=0110 ft' Thiproceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any pan 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 sutras 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 Pr't+perty <br />unless Borrower and Lender otherwise agree in writing, the sutras 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 secur. id immediately <br />before the taking, divided by (b) the fair market valise 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 of e s to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender 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 />!ban the sums secured by this Security instrument.. whey ker or not then due. v <br />Unless Lender and Borrower othtm - ugrm-- do writing, any application of proceeds to principal shall not extend or <br />pmpone the due date of the monthly paym=cs referred to in paragraphs I and 2 or change th& amount of such payments. <br />10. Borrower Not Release* Fwbearaace By Lender Not a Waiver. Extensions of the time for payment or <br />modification of amortization of the sums secured by this Securty Instrument granted by Lender go any succem-r in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in ins- -rest. <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 />shad not be a waives of or preclude the exercise of any right or remedy. <br />11. Successors mod AsshMs Bound; Joint and Several Liability; C04wxers. The covenant anrr agreements of <br />th; Security Instrument shall bind and benefit the su+c►=,ors and assigns of Lender and Borrower. subjectt:a the provisions <br />of paragraph 17. Borrower's covenants and agreements ihall be faint and several. Any Bormwet who co-signs this Security <br />Instrument but does not execute the Trot- !a) is ce- signptg this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terns of this Security instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (r_) agrees that Lender and any other Borrower may agree to extend. <br />modify. forbear or make any accommodations with regard to the teams of this Security Instrument or the Note without <br />that Borrower's consent. <br />12, Laos Chargts. If the loan secured by this Security lustrument is subject to a law which sets maxim= Moan <br />charges. and that law is fintally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan excrA the permitted limits, then: (a) any such fcznl charge shall be reduce by the amount <br />necessary to reduce the ch;irgr: om the permitted limit. and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded ded to Borrower. Lender may chose to make this refund by reducing, Lbe principal owed <br />under the Note or by making a direct pao_arent to Borrower. If a rd"urd reduces principal, 0-a reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. r <br />I& Legislation Affecting Leaders Rights. If enactment or expiration of applicable laws has the effect of <br />;rendering any provision of the Note or this Security f, ;moment unenforceable according to its terms. Lender, at its opt ion. <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 Leader exercises this option, Lender 4 i:all take the steps specified in the second paragr2rh of <br />paragraph 17. <br />14. Notkes. Any notice to Borrower provided for in this Security Ynt:truznent shall be given br delivering it or by <br />n, ai? ng it by first elm mol unless applicable law raq). ;res use of another method. The notice steal] he directed to the <br />P. operty Address or any other address Borrower des_;3aates by entice to Lender. Any notice to 1.e -&-r shall be given by <br />first class mail to I aWcr s address stated herein or any other addycss Lender designates by n,cc :e to Borrower. Any notice <br />previded'for in this Security Instrument shall be deemed to have lwevi given to Borrower cr t en..der w'Iun- given as provided <br />in rhisparagraph. <br />1S. CAWern ttg Law; Severshility. This Security Instrument shall be governed by federal yaw and the law of the <br />jurisdiction nr which the Pmperty is located. In the event that any provision or clause of this Security Lr- ttrc.^:en: r..- the <br />Note conflicts with applicaUe law, such conflict shall not affect ot1w. provisions of this Security InstM, Or- the 7th ' <br />which can be Si ten effect w -ithout the conflicting provision. To this ettd the provisions of this Security itavmmcr t u7d, the <br />Note are declared to be severable. <br />16. Borrower's Cgty. Borrower shall be gi%,m one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Poloperty or a Beneficial Ihterest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transfcr7 ed (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written c• msent, Lender may. at its option, require immedi tt t payment in full of all sums <br />secured by this Security Insimment, finwever. 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 Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30days froth 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 ro the expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without further rl -auCe or demand on Borrower. <br />18. Borrower's "I to Reinstate. If Borrower meets ttrtain conditions, Borrower shiml havr the right to havc <br />enforcement of this !Wunty Instrument disroritirued Sea any time prior to the earl ::r of. (a) 5 days for such oilier pet iod a; <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained ►n 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 :Vote had no acceleration <br />occurred, (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforong this <br />Security Instrument, including, but not limited to, reasonable attorneys- fees; and (d) takes such acimn as Lender may <br />reasonably require to assurr that the hen of this Security Instrument, Lender's rights in the Prupert} and IR•rtower's <br />Obligation to-pay the sums secured by this Secunty instrument shall continue unchanged. U;%ni reinstatement by <br />Borrower. this Securty Instrument and the obligations secured hereby shall remain fully effe- rave as if nn accelerawill hall <br />-cur.ed. however. this right to rcinstate shall not apply in the cave rsf aUCItratiOn under paragraph% 11 or ! , <br />ca <br />01 <br />
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