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90105467
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Last modified
10/20/2011 5:59:37 PM
Creation date
10/20/2005 9:43:20 PM
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DEEDS
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90105467
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r <br />1 <br />L <br />i <br />90- X1o5461 <br />If Lender 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 ctfect until such time as the requitement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Iagw"w. Lender or its not may snake reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the timeof or prior loan inspection specifying reasonable cause for the inspection. <br />9. Cadaaatation. 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 />aaigned and shall he 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 imrnedintely <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 />make an award or settle a claim for damages. Borrower fails to respond to Lender within 30days 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 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 I and « or change the amount of such payments. <br />10. Borrower Not Released; Foriaruee By Leatkr Not a Waiver. Extension of the time for payment or <br />modiiicatkm 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 successon 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 by reason of any demand made <br />by the origind Borrower or Damrow es zure.; =% in inter at. Any fasb`arancc by Lcndcr in cxrrciong any right or r-alw <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Svecessots and Assigns Bound; Joint and Severn! Liability; Co-sigaera. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject t o t he provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who cosigns this Security <br />Instrument 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 />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 regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12 Lone Charges. 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 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 making a direct payment to Borrower. 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,KWatlom AQeeWg Leaders RiRlrts. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option. <br />may require immediate paynicat 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 spocilied to 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 />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 Leader Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender od Snates by notice to Itk►rrower. Any notice <br />provided for in this Security Instrument shall be deemed to have bom given to Borrower oc [.rider when given as provided <br />in this paragraph. <br />IS. CoverKhM Lawn Sr«efabil O-. This Security Instrument :!halt be governed by federal loon• wild the law of the <br />jurisdiction in which the Pgreporzy is loLaued• In the tmomt that sav prmvtssm. vv, clause of this Secunsy or the <br />Note conflicctt► %*b appliaA k►: Vaw, such a inflict stwU n.4 affect Oghtr of this Security Instrument or the Note <br />which can be gi+vcam effect without the co<wV vting provision. To this end the Cravzston . of this Security Instrument anw4 roe <br />Note are declVe.4 t:a be severable. <br />16. 801"Ww"is Copy. Borrower shall be given one conformed cop}. of the Note and of this Security Instrument. <br />17 :'fir rr fW 'l4. -- -•�. .. •"- �_ <br />_n _ ld .....rw.' — .w. — ...... C .." t—.. w . . ."I^..j -' - <br />interest in it is sold ox transf>!rred (or if a beneficial interest in Borrower is vd �••v transferred and Borrower is not a natural <br />person) without (.vt ites prior written consent, Lender may, at stn op mm. require immediate payment in ful I of all toms <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is pralsibigei, by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall gyve Borrower notice of acceleration The wwKe shalt p tnvw e a peru►d <br />of act less than 30 days from the date the notice is delnered or mailed within whsth Borro*cr must pay all sun% sacred by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may tn"c any <br />i en ks permitted by this Security Instmmmt wittiout further notice ►►r demand on purrower. <br />18. Btarmoiar's Riot to Reinstate. If Borrower meets certain conditions. Borrower shall hasc the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) S days for such other pen►dl as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale coc.ntatned in this <br />Secunty Insttuntrent; or (b) entry of a judgment enforcing this Security Instrument i hose condition% ore that Worrower. <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had rill acceleration <br />occurred; (b) cures any default of any other covenants or agreements. (c) pays all expenses incurred its entnrctng this <br />Security Instrument, including, but not limited to, reasonable attorneys' fay, and (d) take such action a% Lender rna) <br />reasonably require to assure that the lien of this Security Instrument, Lender'% rights to the Property and th►rnower's <br />obligation to pay the sums secured by this Security Instrument %hall continue unchunged lip, ►n rritmatemew h) <br />Borrower, lhis Security Instrument and the ohliplions secured hereby %hull remain fully e8iNi rte as if no aueleration had <br />occurred. However, this right to reinstate shall not apply to the case ofacceleration under paragraphs I lilt 17 <br />R <br />I <br />
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