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89102630
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Last modified
10/20/2011 1:09:59 AM
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10/20/2005 9:34:41 PM
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89102630
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I <br />102630 <br />If Lender required mortgage insurance as a condition of making the loan sxwut•e g thin Si�urity Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the reggirement for the <br />insurance terntinates in accordance with Borrower's and Lender's written agreement orapplicablc law. <br />S. Inspectlogi. Lender or its agent may make reasonable entries upon and inspections of tha n—operty. Lender <br />shalt give Borrower notice at the time cror prior to an inspection specifying reasonable cause for the inspection. <br />9, Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connm;tiun with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, ara 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 srims secured by this Security <br />Instrument, whether or net then due, with any excess paid to Borrower. In the event of a p irtial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by <br />the amount c•f'the proceeds multiplied) by 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 />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 dawkies. Borrower fails to respond to Lender within 30 days after the date the notice is <br />given. Lender is authorized to coU=t andapply the proceeds, at its option, either to restoration or repair of the Property or <br />to the sums secured by this Slxurtty IciA mament. whether or not then due. <br />Unless Lender and Sorrctiver otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security. Instrument granted by Lender to any successor in <br />interest of Borrower shall nct operate to release the liability of the original Borrower 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 Mrrooct's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or pii!Clude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Consigners. The covenants and agreements of <br />this Security Instrument shall.bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage. grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />:norltfr, : ;rb.—r or makc any accon- imuoudations with iegaid io itic icittit of d iz; Smuttty instrument ur iht 1Noic Wi4shOut- <br />that Borrower's consent, <br />12. Loan Charges. if the loan secured by this Security instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted 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 Reirmwer. 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 reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. if enactment or expiration of applicable laws has the effect of <br />rendering any provision of 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. NeOces. 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 applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower detegnates by notice to Lender. Any notice to Lender shall be given by <br />first 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 deemed to have been given to ia+vrrowrr or :..ender w r; given as yrovidcd <br />in this paragraph. <br />15. Governing Law; Seversbility. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the ecrnt that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security insttrument or the Note <br />w )hair can be loven effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declarcd 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. Transfer of the Property or a Benetfitiafi Interest 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 />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shati'giye Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days fro in the date the notice rs deNvercd or mailed within w-11itch Borrower must pay all sums secured by <br />this Security Instrument If Borrower fails to pay, dyine sums prior to the errty ration of this period, Lem &r may invoke any <br />remedies percrziited by this Security Instrument atjliout further notice or demand on Borrower. <br />19 * w <br />rower's Right to Relastare, If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcemeist of this Security -last rumans- discontinued at any time prior to the earlier of (a) 5 days (or such other period as <br />applicable iwrk /may specifkfor 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 nlay <br />reasonably require to assure that the hen of this Security Instrument, Lender's ni;his in the Property and liotmwo's <br />obligation to pay the %urns secured by this Security Instrument %hall continue unchanged upon remstaternent by <br />Burrower, this Security instrument and the obligations ticcurcd hereby shall remain fully effective ii% if nu,uccle raw+n had <br />"0 lifted liouever. this fight to reinstate shall nut apply irs the ca%e of e«elcratn as under p ;irawral�h, 11 fir 17 <br />Ji <br />� tiiittti: <br />t <br />r• <br />w <br />lit' <br />us <br />. u"� <br />
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