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89103096
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Last modified
10/20/2011 2:51:46 AM
Creation date
10/20/2005 9:39:29 PM
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DEEDS
Inst Number
89103096
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89-103096 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. <br />Borro>er 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 />t). InsWHos. 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. Cadetwnation. 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 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 />lnstrumem, 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 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, Properly 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 faits 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 restdratien 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 Lender Not a V4atxer. Extension of the lime 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 oft,he original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any succor in interest or refuse. err extend time for <br />payment or otherwise modify amortization of the sung secured by this Security Instrument by reason of any demand made <br />by the origital Borrower or Borrower's successors ice interest. An forbearance by Lender in exercising any right or remedy <br />shall not be a v►aiver of or preclude the exercise of any right or remedy. . <br />+ <br />11. Sweessors sell Aulps Bound; Joint aril Severd tfability; Co- signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of L.eerder and Borrower. subject to the provisions <br />of paragraph 17. Borrowees 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- Horro,±�er's,- inheres in the- Property under the terms of this Security Instrument: (b) isnot personally oblizated to_pay- . <br />the sums secured by,iws Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with. regard to the terms of this Security Instrument cr the Note without <br />that Borrowers consent. <br />12. Loan Chair& 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 lean 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 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 reduco principal, tWreduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. .LeSklatkin Affecting Lender's Rights. If enacCnent or expiration of applicable laws has the effect of <br />tertdering any provision of the Note or this Security, Instrument unenforceable according to its terms, Lender, at its option, <br />treat' require . immediate payment in full of all sums secured by this Securit)' Instrument and may invoke any remedies <br />permitted byparagraph 19. if Lender exercises this.option, Lender shall lapse tlte'steps specified in the:second paragraph of <br />paragraph M <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shill be given by delivering it or by <br />knailing it by first class mail unless applicable law_ requires use of another method. The notice sbW1 be directed to the <br />Properly Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />t.class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />protWded for in this Security Instrument .9D be deemed to have been given to Borrower. or Lender when given as provided <br />in thisparagraph. <br />15. Governing IAw; 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 event that any provision or clause of this Security Instrument or the <br />Xwe conflicts with applicable law, such conflict sIWI not affect other pretwisiens of this Security inslopment or the Note <br />hitch can. be given effect without the conflicting provision. To this end the'provisions of this Security instrument and the <br />.*.te are'dwEared to be severable. <br />• 16. 'Borrowers C o <br />oy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial 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 air 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 />.c+�f not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />- fiis Security Instrument. if Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />rtmcdies permitted by this Security Instrument without further notice or demand on Borrower. <br />Ire. Borrower's Rigbt to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enfotctment of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as <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 (b) entry of a judgment enforcing this Security instrument Those conditions arc that Borrower. <br />(a) pays Lender all sums which then would be clue 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 the% <br />Security Instrument. indudmg. but not limited u). reasonable atinrnev% fccs. and (d) takes such action as 1 ruder may <br />rcasonahly require to assure that the lien of this Security lnstrument. i.cnder's rights in the Properly and Bornmer's <br />obligation Fie pay the sums ,ef urcd by this Security Insiru11►ent shall conlunue unrhunz:rct t'l ++m n11istalement by <br />Inc- mmer,thmsccurrty Instrument and the obligatiom %ccured herch�, 01.111 ren)din fully c•1T;.t1tic a% if no.icceter.itn+n had <br />ccc �urrcd !metier. this right to rclintatc'hali 1101 iihply it) 111c u1 +e 4.,,c defailoo nndc•r 1 "11.14tr.l1111% 11 tit i' <br />r <br />s <br />7 <br />s; <br />._i..... <br />t <br />M <br />
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