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89103239
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89103239
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Last modified
10/20/2011 3:18:22 AM
Creation date
10/20/2005 9:40:56 PM
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DEEDS
Inst Number
89103239
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89-- 103239 <br />(� if =fllquired mortgage insurance as a condition of making the loan secured by this Security instrument, <br />) irrowrer y the premiums - required to maintain the insurance in effect until such time <br />as the requirement for the <br />insurance terntiaatan itt aeootdrmcs will Borrower's and Lender's written agreement or applicable law. <br />IL IxoectlofL Lender -or its agent may make reasonable entries upon and inspections <br />of the Property. Lender <br />shall give.Bott•qwer notice at the tune ofor prior to an inspection specifying reasonable cause for the inspection. <br />9- CoasdMaalkta. The proceeds of any award or claim for damages. direct or consequential, in <br />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 <br />sums secutred immediately <br />before the takin& 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 damages, Borrower fails <br />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 Harrower otherwise agree in writing, . any application of proceeds to principal shall not extend otr. <br />postpone the due date of the monthly payments referred to in Wagnphs 1 and 2 or change the amount <br />of such paymeef&. . <br />10. 8011`1001M Not Rekaaed; Forbearance By Leader Not a Waiver. Extension of the time for payment or ' <br />modification of atitartiution of the sums secured by this Security Instrument <br />granted by Lender to any successor in <br />interest cf Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender sCaaU not be required to commence proceedings agiti nst any in <br />successor interest or relitse to extend time for <br />paymentor otherwise modify amortization of the sums secure t by.this Security Instrument by reason of any demand made <br />by the original Bormwer or Borrower's successors <br />. <br />in interest. Anry fccbeamnce by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or iemedy; <br />11.: Srecerasora atsd AaHgp Bontrd; Joint and SeveW Usi�11t,Y, Co- signers. The covenants and agreements of <br />this Security Instrument shall bind: and benefit the successors and assigns of Lender :.a.& Horrower, subject to the provisions <br />of paragraph. 17. Borrower's covenants and agreements be <br />shalt 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 >? <br />that Borrower's interest in the Y mortgage, Brant and convey <br />Property under the <br />_ : <br />terms of this Secueicy Instrument; (b) is not <br />the sums secured by this Security Instrument. and (c) kwipi s tutu t_l- d r !--d- .n other to personally obligated pay <br />_ - - -- ---- '""y ..thr....^rr..::cr —may :arse ro <br />. xt <br />extend, <br />modify; fdrbear fir make any accommodation with <br />that Borrowers consent n1�d 1�3 terms of this Security Instrument or the Note without <br />12. Imm CMrgm If the loan secured by this Security Irst*+st mett is subject to a lair which sets rrmWinum loos <br />charges, and that law is finally interpreted so that the inte rest or other" lore c <br />charges collected or to be <br />-- <br />connection with the lave exceed the collected <br />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 <br />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 to Borrower. <br />payment If a refund reduces principal, the reduction will be treated as a . <br />Partial prepayment without any prepayment charge under the Note. <br />13. I.egbLtloa Affecting Leader's R4*ts, If enactment or_expintion of applicable laws has the effect of <br />renderintany Provision of the Note or this Security Instrument unenforceable <br />according to its terms, Lender, at its option, <br />tray regaite.immed ate payment in full of all sums secured by this Security Instrument and may invoke any remedies: <br />Permitted bY Ida V apb 19. If Lender exercises. this option, Leader shad tsSr'e: the stVs''"ified in the second <br />prerastapls•i ?:. paragraph oaf <br />11. Notkis. ' Any notice to Borrower provided for in this Security Instre meat shall be given by delivering it or by <br />trailing it by first class mail unless applicable law requires use of another method. The notice be directed <br />shall to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />fist class mail to Leader's address stated herein <br />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 when given as provided, <br />in this paragraph. <br />IS. Ggferai■t Law; SareraUty,iy. 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 this Security <br />of 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 or <br />provision. To this end the provisions of this Security and the <br />Note are declared to be severable. <br />16. Bsrt+awtr's COPY. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Trankr of the Property or a Beneficial Interest in <br />Borrower. If all or any part of the Property <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is o a natural <br />Person) without Leader's prior written consent. Lender may, at its option, require immediate in full <br />payment 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 <br />Security <br />, <br />this Instrument. if Borrower fails to Pen all sums secured by <br />remedies pay these sums prior to the expiation of this period, Lender may invoke any <br />Permitted by this Security Instrument without further notice or demand on Borrower. <br />' <br />It. Borrow'er'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 prior to the earlier of (a) S days (or <br />such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of We contained in this <br />Security instrument; or (b)ent.y o. & judgment enforcing this Security Instrument. Those conditions Borrower: <br />are that <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 <br />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 hen of this Security Instrument. Lender's <br />rights in the Propeny and borrower's <br />obligation to pay the sums secured by this Security instrument shall continue unchanged Upon reinstatement b) <br />Borrower, this Security Instrument and the obligations <br />'>• <br />secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to remstateshall not apply >n the case of acceleration under paragraphs 13 or 17 <br />
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