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89102848
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Last modified
10/20/2011 1:55:43 AM
Creation date
10/20/2005 9:36:53 PM
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DEEDS
Inst Number
89102848
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s; <br />r <br />F <br />. 89-102848 <br />If Lender required mortgage insurance as a condition of making the loan 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 agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections 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. Condemnation. The proceeds of any award or claim for damagm direct or 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 the Property, the proceeds shall be applied to the sums 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 Property. <br />unless Borrower and Lender 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 sutras secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately before thr 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 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 />to the sums 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 monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Released;. Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the scums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not 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 stems secured by this Security Instrument by reason of any demand made <br />bk the original Borrower or Borrower's successors in interest. Any forbearasnoe lay Lender in exercising, any right or remedy- <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assips Botttttd, Joint and Several Liability; Cosigners. The covenants arid agreements, of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the pro%Wons <br />of psragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />t strument but does not execute the Note: (a) is cosigning this Security Instrument only to mortgages 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 />�e .....� ...r.� c ty T... .. t a._ o , <br />t.. rL.. :.:.....,...�f� tli:..r,:a.L'tiy •wiiitiS.;aaa, :ia'i tc) i�y,an.a .liwi a+a`Raaa:a :u-td �.3 vsii�a�uviTv`.'a:i uaiaj 3gicc' 'av cTdcud. <br />modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's conserit. <br />12. Loan 0arges. If the loan secured b�r this Security Instrument is subject to a law shei =k szts maximum loan <br />chujes. and that law is finally interpreted so that the interest or other roan charges collected or to be collected in <br />tonnectiore sith the loan exceed the permitted limits. then: (a) aky such loan charge shall be reduced by the amount <br />necessary to m dw= the charge to the permitted limit; and (b) any stares already collected from Borrower which exceeded <br />pernmted liiiiits 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 reduces principal, the reduction,ivill be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legistatios Afiee ft Letakr's Rlbts. If enactment or expiration of applicable' la.'wks has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to, its tenets,' ILmder. at its option. <br />may require immediate payment in fiLU of all sums secured by this Security Instrument. and may. invoke any remedies <br />permitted by paragraph M. If. Lender exercises this option. lender shall take the steps specified in ttie stir and paragraph of <br />paregmph 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 applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />tusk 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 Borrower or Lender wirem given as provided <br />in this paragraph. <br />1S. Gove uft Law; Severabtlity. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event 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 Instrument or the Note <br />which can be given 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 Dote and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Propeny 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 />pxson) 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 Borrower notice of acceleration. The notice shall provide a period <br />.,.of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />finis 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 />IS. Rarrowees PAxbt to Reimme. 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 of (a) S 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 />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 (di takes such action as Lender may <br />r"vin;iNy require to :sure that the lien of this Security Instrument, Lender'. nghts in the Properrty and Boiri +wer% <br />nbligatintt tr, pay the wm% %mured by three Secunty Insirurrlent `hall continue unchanfted 1.'"in reinstatement h% <br />I)nttnsact ihlti�r.uri+. iri,ttument an,l ihr. nhligaunns.e:ureci hereh..h.11' r- rr,ilc tti ;l,. cffCLt1.F•.11 1f ru• e.'Cler.icirn ti.u: <br />4. Urrr.: !t, •'.tr�r• iF ... ff:rhr i• fC11",talC ll7.11l tV •f djf+l� t+i f1,^ . 1�.. , .t, ••i. r .1 't . .. 1' is + 1t'h•- <br />-rill <br />far <br />r. <br />7 <br />
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