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89102503
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Last modified
10/20/2011 12:47:18 AM
Creation date
10/20/2005 9:33:19 PM
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DEEDS
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89102503
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_a <br />F <br />L <br />89.: w 102503 <br />If Lender required mortgage insurance as a condition of making the than secured by this Security instrument, <br />Borrower shall 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 agFeentetu or applicable law. <br />g. Iaspeetioo. Lender or its agent may awake reasonaMe entries upon and 'inspection 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. CaadenteAtioa. The proceeds of any award or claim for damages. director 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 />assigned and shall be paid to Lender. <br />In the event of a total taking.of ths.Property. the prom alt be applied to the sums secured by this Saninty <br />Instrument, whathear or not then due, with any excess paid to Borrower. In the event 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 multiplied by.the following fraction: (a) the total amount of the sums secured immediately <br />beftre the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />pait t-, Borrower_ <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />male an award or settle a claim for damages, Borrower faits to respond to Lender within 30 days after the date the notice is <br />Oera, Leader is authorized to collect and apply the proceeds,, at its option. either to restoration or repair of the Property or <br />to rte sutras 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 not extend or <br />postpone the due date of the monWyr payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Not Rei eyed; Fbebeaream By Lender Not a Waiver. Extensfam of the time for payment or <br />modification of amortization or the sums secured by this Security Itmstrumemt granted by Lender tar. any successor in <br />irmwe st of Borrower shall nee operate to release the liability of the original Bormwer or Borrower's successors in interest. <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 />shat not be a waiver of or prcdofe the exercise of any right or remedy. <br />11. Suecearora ant Audgns Booed; Joint aad Several Liabillty: Co- slosem The covenants and agreements of <br />tf s Security Instrument shaUi bind and benefit the successors and assigns, of Leader and Borrower. subject to the provisions <br />dparagraph' 17-, Borrower's covenants amd agreements shall be joint and several. Any Borrower who co-signs this Security <br />Ucytrument but does not execute the Note: (a) is cosigning this Security Instrument only to mortgage, grant and convey <br />t'r ^.al< Borrower's interest in tte Property under the terms of this Security. Instrument; (b) is not personally obligated to pay <br />the rums secured by this Security Instrument; and (c) agrees that Lender and .•ray other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of tsis Security Instrument or the Note without <br />that Borroweesconsent., <br />IL Loan [Jaargm if the loan secured by this Security Instrument is subject to a law which sets n uixitnw -m loan <br />charges. and that law is finally interpreted so that the interest or other Iouiz charges collected or to be. cs*nmo:d in <br />connection with the loan exceed the permitted limits, then: (a) any such to t charge shall be reduced C; the a. mount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which ex aedead <br />permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principat owed <br />under the Note or by making a direct flay =ent to Borrower. If a refund reduces principal, dte tt duction will be treated as a <br />partial prepayment without ary prepays rent charge under the Now <br />13.. Legislation Alfeetiog Leader's Riots. If enactment or expimliotin of applicable lases. Iras the effect of <br />rendering any provision of tka Note or this Security Instrument unenforceable a.x:ording to its terms, Lm der. 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 panWaph 19. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 17. - <br />14. Nottiess. Any notice to Borrower provided for in this Security Instrument shall be given by deli der;m g it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall Le d •raise ? the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender slta'l be g..,x, by <br />first class mail to Lender's address stated herein or any other adds ens Lender designates by notice to Borrower. Any notice <br />provided 'for in slits Security instrument stall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. CrVeettrirag Law; Severahility. This Seacntity Instrument shall be governed by federal law and the law of the <br />jurisdiction in w bch the Property is located. In the event that any provision or clause of this Security lnstrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be givens effect without the conflicting provision. To this end the provisions of this Security Instrument 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 Instrument. <br />17. Treader of the Property or s Beeeficial Intl at is Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (o, ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Leander mty. at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this optma•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 Burrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delive_=edor 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, Borrower's W kt to Reriaatate. If Boffoser meets certain conditions. Borrower 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 salt of the Property pursuant to any power of sale contained in this <br />Security Instrument-. or (b) entry of a judgment enfore mg this Security instrument. Those conditions are t hat Borrower. <br />(a) pays Lender all sums which then would be du: under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covertmlt 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 to the Property and Borrower's <br />obligation to pay the sums secured by this Security instrument shall continue unchanged. t.ipon reinstatement by <br />Borrower, this Security instrument and the obligations secured hereby shall remain fully effective as don acceleration had <br />occurred. However. this right to reinstate shall rint apply in the caw of aw.cleration under varagiat)lts, 13 oi l <br />,_.. - -- <br />�•s 1 <br />dtiy <br />ra <br />.�J <br />
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