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89103449
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Last modified
10/20/2011 4:21:57 AM
Creation date
10/20/2005 9:43:17 PM
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DEEDS
Inst Number
89103449
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r- <br />S9-i'- 103449 <br />If Lender required mortgage uuarance as a cez &dm of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the imun not in ediect until such time as the requitement for the <br />insurance terminates in accordance with Borrower's sod Lamler's written agratnerit or applic" law. <br />IL U-pi MI a Lender or its agent tray walte re tatin" entries upon and inspsctioas of the Property. Lender <br />sMU give Borrower notice at the time ofor prior toga ingwtioaspecifjring reasonable cause for the inspection. <br />9. Crodeaseades. The proceeds of any award or claim for damages. director consequential. in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, we hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the pr+viceeda shall be applied to the sums secured by this Security <br />Instrument, whether or not thm due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />Wells Borrower sad Lender othe:rwilse agree in writing. the soma secured by this Security Instmmertt 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 &xrower. <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 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 opt", either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument. whether or cot 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 />tor. Bonmm Not Rekww ; Forbenime By L eellfer Not a Wapner. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument grunted by Lender to any sucoessor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Ilorrower's successors in interest. <br />Lender stall not be required to commence proceedings against any successor in interact or refuse 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 its 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 />1t. Susrxrmsrs tang Aettips Bortrtill; Joint and Seural Liability; Co-eivwm The covenants and agcanents of <br />this Security Instnaue at shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be Janata and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co- signing (hLs Security Instrument only to mortgage, grunt and convey <br />teer bm7 wera interest in the ftWM under tfie terms du this security instrumem; (n) is not personauy obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify. forbear or make any accommodations with retard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Use Maros. 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 loan charges collected or to be collected in <br />connection with the.loatn 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 *1-11 t* refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Nokeor by retaking a direct payment to Borrower. Ua refund reduces principal. the reduction will be treated as a <br />partial prugivyinert without any prepayment charge under thtNote. <br />M Looklatka Affecting LeedWs Rights. If enactment or expiration of applicable laws has the effect of <br />renderins'any provision of the Note or this Security instrument unenforceable according to its terms, Lender, at its option, <br />.icy require immediate 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 shall take the steps specified in. she second paragraph of <br />parap*i.17. <br />nor Notices. Any notice to Borrower provided for in this Security Instrumazt shall be even by delivering it or by <br />mailing it by first class mail unless applicable law requires use of anadiex method. The notipc shall be directed to thQ <br />Property Address or any other address Borrower designates by notice to Lender. Any noticeu'i Under shall be given by'. <br />first cltax trail to L.endor'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 tatiave been given to Borrower or Lender when giveri its provided <br />in this paragraph. <br />15. Gemming L.aw; Severabli ty. Thsx 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 Sa:urity Instrument or the. <br />Nate emlllets with applicable lax. such c =ffict shall not affect other prov-isimrs of this Security Instrument or the Note~. <br />which can be given 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. Bernmer's Copy. Borrower shell be given one conformed copy of the Note and of this Security instrument. <br />17. Trawhr of the Proprty or a Beaeftctal late est In Borrower. If all or any part of the Propeny or any <br />interest in it is sold or transferred (or if 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 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 slate of this Security Instrument. <br />If !.ender exercises this option, Lender shall Sine Borrower notice of ttccrleratinn. The notice shall provk-1, a peood <br />of not less than 30 days from the date 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 />retlnedies permitted by this Security Instrument without further notice or demand on Borrower. <br />it. Sarrewere's Rwm to ne ksme. if Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of ihiv Security instrument drtc otttinued at any time prior to the earlier of (a) S days (or such other period as <br />applicable law may specify for reiructatenxmt) before sale of the Property pursuant to any power of sale contained to this <br />Smunty Instrumert. or tb) entry of a judgment enforcing this Security Instrument. Those conditions are that ilturower. <br />fa) pays Lender all sums which then would be due under this Security Instrument and rite Note had no acceleration <br />oc4urre3; (b) cures any default of any other cn�enants or agreements. (c) pays all expemes mc:urrest to cnfomsng thn <br />Soximay incluuiig, but Fern iitiliftti tie, rrirxm:irlc witurrieys' fees; and its) iaitcs such actrm as I ender may <br />resuinably require If* aeeure that the lien Pf this Security Instrument, Under'% rights to the Property and Itnrroaer's <br />lebligtttts -n tie pay the sutn% %rcured by this Security Instrument shall continue un(banged ('pout teat wicnicnt by <br />Bofrf4wer. Instrument ant! the 011igations secured hereby ~hall remitin tally ctfettii a as if n +r a�.cclerulton had <br />ss.cttrted Wj*et'tr. that. tfghl It) reinstate %hall stilt apply in the cat_serifaccelerstt•m tinder paragraph~ I t ,r 17 <br />
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