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89103244
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Last modified
10/20/2011 3:19:43 AM
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10/20/2005 9:40:59 PM
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DEEDS
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89103244
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99- IL03244 <br />If tender 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 erect 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 />IL In MctiM. Lender or its agent may. make reasonable entries upon and inspections of the Property. Lender <br />shaA give Borrower notice at the timeofor prioc to an in specifying reasonable cause for the inspection. <br />9. Coodesanatioa. 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 />1 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 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 />j make an award or settle a claim for damages, Borrower fails to respor4 to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its epft-m, either to restoration or repair of the Property, car <br />Ito the sums secured by this Security Instrument, whether or not tken; drAe. <br />Unless Lender and Borrower otherwise agree in writing, ouj,ralaptication of proceeds to principal shall sat extend or <br />i postpone the due date of the monthly payments referred to in psmgralo�Iis 1 and 2 or change the amount of such V*Ments. <br />10. Bormwer Nat Releue14 Forbearaaee By Leader 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 succeswrs in interest. <br />Lender shall not be required to commence proceedings against any successor in interest or refirse 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 right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Saecesnsors add Assigns Bom* dofiat and Several Liabliity; Co-signers. The covenants and agreements of <br />' this Security Instrument shall bind and benefit the sucgessors a=id assigns of Lender and Borrower, subject to, 'the provisions <br />of paragraph 17. Borrower's covemMts 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-signicta 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 nav <br />'`�_ °• . a VY :his M ty 1113D usenet; And (c) agrees that Lender and any other Borrower may agree to extend, <br />j <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />j that Borrower's consent. <br />1 1Z. Lou Carat Lt the 10411- Muffed by this Security Instrument is subject to a law which se's rte w1num loan <br />i charges, and that taw is finally i »terprcted so that the interest or other loan charges collected or to be collected in <br />connection with thi loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amoutzt <br />necessary to reduce the charge to the permitted limit; and N 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 paynae it to Borrower. If a refund reduces principal, the reduction will be treated as a <br />j partial prepayment without any prepayment ctiarge under the Note.' ` <br />i 13. Leglilodon Affecting Leader's -tits. If enactmerrt.or expiration of applicable laws has the effect of <br />rendering any pra*csion of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may require itiate 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 sh*1l take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />j mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />i Property Address or any other address Borrower designates 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 Borrower or Lender when given as provided <br />j in this paragraph. <br />IS C01era11119 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 />Note co Acts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note <br />which cast be givers 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 shaH be given one conformed copy of the Note and mgthis Security Instrume;;t: <br />17. Transfer of the Property or a Beaefidal 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.Oayment in full of all sums <br />secured by this Security Instrument. However, this option shall nM N_ exercised by Lender`if exercise is prohibited by <br />federal law as ofthe date of this Security Instrument. <br />If Lender exercises this option, Lender shall give 13'A,rrower notcce of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivexeefi car 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 period, Lender may invoke any <br />remedies permitted by this Security Instrument without further noticar demand on Borrower, <br />18. Borrower's Right to Reinstate. If Borrower meets certan conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 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; (e) 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 may <br />reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />f .= <br />:F <br />ti <br />. - _j <br />
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