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89103416
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Last modified
10/20/2011 4:11:54 AM
Creation date
10/20/2005 9:42:56 PM
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DEEDS
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89103416
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gG....; 105068 AE <br />ROE <br />MP- SDI 6 <br />If Lender required mortgage insurance as it cpndition of making the loan secured by this Security Instrument, <br />Borrower shall pay thn prmiuna mquiaA to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in %gc9rdttK%wi Borrower's and Lender's written agreement or applicable law. <br />g: IaspectWit. Zeoder cw.itef alt may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notiae lu the time Oor prior to an inspection specifying reasonable cause for the inspection. <br />9. 'ACoadema &Min;Y Tie i of any award or claim for damages. direct or consequential, in connection with <br />any condemnaiion or, otha o7 any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid toLertder. <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.tltttt the condemnor offer to <br />make an award or scuitf a claim for damages, Botrower fails to respond to Lender within 300q.% after the date the notices <br />given, Lender is aut wired to collect and apply the proceedt% At its option, either to restoratian or repair of the Property or <br />to the sumssecum. , rhythisSecurityInstrument .whethcrortacit.tlumdue. <br />Uutu" taut Uorrower otherwise agree in w rising, an$.application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and? 2 or change the amount of such payments. <br />10. barrewer Not Reletised; Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification, tzf amortiratio» of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of ldrimwer 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 sums secured by this Security Instrument b�� coaxer scary demand made <br />Oy 4hc original Borrower or Borrower's succasors in interest. Any forbearance by Lender iii exercising•sxsy,right or remedy <br />sly not be a waiver ofor preclude the exercise of any right or remedy. <br />11. Swecaasom sad Assilm IBotuw; Joint and Several Liability; Co- signers. The covenants and agreements of <br />tbiltSecurity In4trument shall bind and benefit the successors and assigms of Lender and Borrower. subject to the provisions <br />ofpahamplt" 11, Sorra,+tmees covenants and agreements shall be joint and several. Any Borrower who cosigns this Security <br />faasuvtnent; but'does not execute the Note: (a) is co- signing 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 pay <br />t ... the sums secured by this Security Instrument; and _ <br />c) agrees that tender and any other Borrower may agree to extend, <br />? modify. forbear or snake any a=mmodations with regjard to the terms of this Security Instrument or the Note without` <br />that Borrower's consent. <br />12. IA= Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loam <br />charges, and that law is faually iaiteipieted so the the iracr.:at or other loan charges co locted or to be col : =t"...3' 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 taakietg a direct payment to B"cower• If a refund redW. a principal, the reduction will be treated as a <br />p#xt'W prepayment without any prepayment charge un+4r, the Note <br />13. Lee slation Af!<ectittg l.aadsr's Rights. If enactment or ex�ration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable scoording to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by p*_!+_!gMn% t o if t rnder exercises this ontion. Lender shall take Unit ften smilied in the second Paragraph of <br />•lassrotjrapl+ : i. ; -_ - <br />14. Notices. Any notice to Borrower provi4i. -d- 'or in this Security Instrument shall be given by delivering it or by <br />m..wling it by first class mail unless applicable law roguires 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 />first class mail to Lender's address stated herein or as„y other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be domed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />i ILS. Caverniag Law; Sevet;abiUty. This Security Instrument shall be governed by. federal law and the law of the <br />i <br />' jurisdictiosmwsrhich the Property. is located. In the event that•any provision or clause of"this Security Instrument or the <br />Note coaAirts; with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />i I*h can be given efat without the conflicting provisions. To this enti -the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />1C .0arrowees Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17.," D'assWer of the Property dr a Beneficial Interest in Borrower. If all or any part of the Property or any <br />i nrest in•i['im-sold or transferred (or if a beneficial interest in Borrower is sofd.or transferred and Borrower is not a- natural - <br />pas witbout Lender's prior written consent, Lender may, at its option. tv4uire immediate payment in full of all sums <br />OzWed by this Security Instrument. However, this option shall not be e;Rerdsed 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 3O days from the date the notice i$ delivered or 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 thisSecurity Instrument without further notice or demand on Borrower. <br />1i. Borrower's Right to Reinstate. if iiot'rower 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) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sate contained in this <br />Security instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower; <br />L (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, ancIuding. 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 rights in the Property and Borrower's <br />bl,gation to pay the sums serurcd by this Security iitstruntent shalt continue unchanged. Upon reinstatement by <br />Borrower, this Security inssrument and the obligation; secured hcret)y shall remain fully effective as if no acceleration had <br />c,. ;rrc 4 Elcueaer, this r13M tv teinstste'shall 1101 apply in acceleration under rarngraphs 13 or 17 <br />
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