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89103081
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Last modified
10/20/2011 2:45:55 AM
Creation date
10/20/2005 9:39:18 PM
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DEEDS
Inst Number
89103081
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89--- 103081 <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 />S. 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 damages, 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, ;: wk shall be paid to Lender. <br />In the event of a total tailing of the Property, the proceeds shall be applied to the, sums secured by this Security <br />Instrument, whether or not then dm, with any excess paid to Borrower. in the event of a partial taping of the Property, <br />unless Borrower and Lender other use agree in writing. the sums secured by this Security Instrument shalt be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount <br />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 Borrcw•er, ot if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Bt Ma wer, faits to respond to Lender within 30 days after the date the notice is <br />given, L•ettder 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 />' <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 not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />' <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 rigltt-Or remedy <br />shall not bea waiver of or preclude the exercise of any rigid or remedy. <br />11, SM"'estors and ASSIXIs.Bound. Joint ani Several Liability; Co- signers. The covenants and ogreements of <br />tois Security Instrument shall bind and bi�nefit the successors and assigns of Lender and Sorrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower w•ho co -signs this Security <br />Instrument but does not execute the Note: (a) -is co- signing this Security Instrument ditty <br />to iilz egage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument: (bb zti -not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any 01ber Borrower may agree to extend, <br />L� <br />-- _ t"^dsf;, fcrb_. . - ^- tmR. ar.; aa:.vuuriudaiiuus <br />- -— --- — — - - -_ e <br />�. <br />with regard to the terms of this Security Instrument or the Note without <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 loan <br />or other charges collected or to -4e'cellected 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 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 will be treated as a <br />{ partial prepayment without any prepayment Aarge 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 aft Sams secured by this Security Instrument and may invoke any remedies <br />D rmi`tted b es paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />14. Notices. Any notice to Borrower provided for in this Security Instrument: shall be given by delivering it or by <br />mailing ii 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 $arrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated heeeift or any other Lender <br />address designates by notice ta. Borrower. Any notice <br />provided for in this Security lnstrum at.shaI ll <br />in this paragraph. be deemed to have been given to Borrower or Lender when given as provided <br />• . <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the that <br />event any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect: tather provisions of this rument or the Note <br />which can be given effect without the conflicting provision. -T-6 this end the provisions out �rcuiritr lrestrurtrs :ni and the <br />Note are declared tn be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of thiz,:securfry Instrument. <br />17. Transfer of the Propert* or a Btimfteial Interest in Borrower. If all or any part of the Property or any <br />interest <br />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 its <br />may, at 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 30days from the date the notice is delivered or <br />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 per' iod, Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />1111. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time to <br />prior the earlier of: (a) 5 days (or such other period a% <br />L applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (h) entry of a judgment enforcing this Security instrument <br />Those conditions are that Not roter <br />(a) pays Lender all sums which then would he due under this Security Instrument and the Note had no accelctauon <br />occurred, fb) cures any default of any other covenants or agreements. (c) pays all expenses irn•urred to enforcing this <br />Security instrument, including, but not hrnited tu, reasonable attorney%' fees. and fd► takes .uch action a% I ender mau <br />rra %onably require to a%surc that the hen of this Securo} ln%trntnent. 1 end -c r'% rights :n the Prrnrc•rty amt ttorrnc<<r's <br />+±bltgat:e?n !e+ P. 14 sums ,ecurrei toy tiros Security instrument %hall uattuurc unchanfed t'1 „qn rent %taten h <br />�.. <br />%. <br />+eut <br />Wrro+%%er. thr. Sectertty Instrument and the )hIlgatiow. se�"arcd hereby shall rcnt.nn full% (-tier tot•.+% it o at ciciamin h.ul <br />rKcurrrd 111- Aever,Ow-righturretnsrtte shall notapphuttia•r., %r + f; uteleritomunder <br />•r <br />{•,tr.+sr,t,6.ft.•r {' <br />
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