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89103438
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Last modified
10/20/2011 4:18:44 AM
Creation date
10/20/2005 9:43:10 PM
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DEEDS
Inst Number
89103438
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$9+": 103438 <br />If Lender required mo insurance as a condition of making the loan secured by this Security Instrument, <br />required to maintain the insurance in effect until such time as the requirement for the <br />kt with Borrower's and Lender`s written agreement or applicable law. <br />its gent may make reammble entries upon and inspections of the Property. Leader <br />wa rte ofor prior to an inspection specifying reasonable cause for the inspection. <br />!. C,oatlatsaatias. The proceeds of any award or claim for damagm direct or consequential. is comsection 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 suns secured by this Security <br />Instrumeth,, whether or not that due, with any excess paid to Borrower. In the event of a partial taking of the Property. <br />unless Bartrmw and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be educed by <br />the arnamzA'c+f the prooeeo. multiplied by the following fraction: (a) the total amount of the suma.sttcured Wainedistaly <br />L' <br />W'.vre the taking, divided by (b) the fair market value 4 the Property immediately before the taking. Any balance shall be <br />FW, to Bova wer. ' <br />If the lroperty is stimilotstdt by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />irtalaeaa aystar claim focr,Lmages, Borrower fails to respond to Lender within 30 daysafter the date the notice is <br />given, Lender is authoritettacoikin and apply the proceeds. at. its option, either to restoration or repair of the Property or <br />to the sums secured by thiisSscurity lastrument, whether or not then <br />Uttfem Lender and Bommw otherwise agree in writing; a atvsapplication of proceeds to principal shall not.quend or <br />postpone tha4w date of the monthly payments rd'erred to in parag ilft i and 2 Of cbMW the amount of audit Psyttsatts. <br />i!L . Rwrrwar Nat Rdeas * Forbearson By L end p Not a Walter. Extimsi m of the time for gwMent or <br />..wdilest bn of amortization of the sums secured by this Security instrument grantedt by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower`s igtccessom in interest. <br />Lender shall not be required to eornmence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortistion 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 />ihall not be a waiverof or prviciudethe exercise ofany right or remedy. -. <br />11. Sttotsassrs aed An*= Bow$ Johd sal Several LUMilty; Ca•aigaers. The covenants and agreements of ; <br />this Security Instrument shall bind and bends the successors and assigns of Linder and Borrower, subject to the provisions <br />of paragrao 17. Borrower's covenmaand agreements shall be joint and several. Any. Swower who co-signs this Security <br />instrument: hoit does not execute the Note: (a) is co-signing this Security Instrumenttvd7 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 />- itK awi»`wsa:uaaa by t »w ow;wisj awe,.,,■,w», s.w �u� spew ,»», a.■i■■■c■ ii'w■ sub w.w. •.w• •' -�i�� �...� ... �.......,.. _. .. . _ . . <br />modify. forbear or make any accommodation with regard to the terms of this Security instrument or the Note without <br />that Boirower'samsent. <br />12. Low Charges. If the tom secured by this Security Instrument is subject to a law which WS maximum loan <br />charges, and that law is ilstally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shalt 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 rdnnded to Borrower. Lender may choose to make this refta,rid by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces princiVeL the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />I& Levi bon AAieft Leader's RiyML If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unestforceable according to its terms. Lender, at its option, <br />may ropme immediate payment in full of all sums accuteif,by this Security Instrument and may invoke. any remedies <br />lierftWid by paragraph 19. if Lender exercises this option. LerAer shall take the steps speciled in the sed:omipisragraph of ; <br />paragraph 17. <br />14. Notice. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it 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 Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class trail to Lender's address stated herein or any other address Lender designatft 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 />13. Covere t`, taw, SeversWiv. This. Security Instrument shall be governed by federal law and the law of the <br />jurisdictim.in.which the Property is located. In the event that any provision or clause of this Seisrcity Instrument or the <br />Note ci mAim with applicable law. such conflict shall not collect other provisions of this Security. Instrument car the Note <br />which gamble given effect without thecarifltcting ptm.•sskm. To this end the provisions of this Sectlity Instrurresst and the <br />Note are doider d to be severable. <br />14L llsrrewwOaC.oy. Borrower shall be given deck conformed copy of the Note and of this Security Instrument. <br />17. Tra■skr of the Property or a Beraefiefal littered In Borrower. if ail 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 />persons) without Lender's prior written consent, Lender may, at its 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 acceeration. The notice Shall provide a period ; of not less than 30 days from the due the notice is 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 this Security Instrument without further notice or demand on Borrower. <br />18. Bortowrer s Right to Reiastste. 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 oft (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Properly 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 Lander all sums which then would be due under this Security Instrument and the Note had no acceleration <br />ocetstred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Secwity Instrument, including, but not limited to. reataottable attorneys' foes; and (d) takes such action as Lender may � <br />tessonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Ikirrower's <br />obligation to pally the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by <br />W- treaer. thu Security Instrument and the obligations secured hereby shall remam fully effective as if no acceleration had <br />iecutted However. thin tight to reinstate shall tint apply in the tare cif cccelcratu•n under paragraphs i3 at 17 <br />
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