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89103455
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Last modified
10/20/2011 4:25:42 AM
Creation date
10/20/2005 9:43:22 PM
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DEEDS
Inst Number
89103455
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JM- <br />89"•. 103455 gg._ 102888 <br />If Lender requimd mortgage inuuance as a condition of making the loon secured by this Security Instrument, <br />Owl Own WWI par the Premium required so asistain the insurance is eobct until suet time as there <br />uirettsetui far Ehe <br />itauraaee teratiaatat in accordance with Borrtnvtst•s sand LsadWs written agnemetat or applicable law. <br />iL lagwd tt. Lender out its agent Wray make ressonabW entries upon and inspections of the Property. Lender <br />sMU give Borrower notice at the time ofor prior toss inspection specifying reasonable pause for the inspection. <br />!. C086mttnadW The proceeds of any award or claim for damages. direct or consequential, in connection with <br />any coade stnstiow or outer 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 sums secured by this Security <br />lastrumeat, whether or not then doq with say excess paid to Borrower. In the event of a partial taking of the Property, <br />unlas Borrower and Lender otherwise agree in writing, the sutras secured by this Security Instrument shall be reduced by <br />The amount of the proceeds multiplied by the following fraction: (a) the total anwunt of the sums secured immediately <br />s before the taking. divided by (b) the fair market value of the Property immediately bdbre the taking. Any balance shall be <br />i paid to Borrower. <br />j If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to <br />1 make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days aftim. the ditto the notice is <br />given. lender is authorised to collect and apply the proceeds;, at its option, either to restoration or i nMr of the Property or <br />to the sums secured by this Security limmment, whether or not then due. <br />Unless Lender and Borrower otherwse 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 />' IS. Barrawar Nat iR km* Fw6swasm By LAWW Net a Waher. Extension of the time for payment or <br />arodetlhctio n of amortitation of the sums secured by this Security Instrument granted by Lender to any successor in <br />r intetan of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Leader shall not be roored to commence proceedings against any successor in interest or refuse to extend time for <br />paysio►t or otherwise modify aaaortiwaion of the sums secured by this Security Instrument by reason of any demand made <br />t by the original Borrower or Borttrter- s successors in interest. Any forbearance by L exr.+it:t in exercising any right or remedy <br />r shall m* be a waiver of or preclude the exercise of any right or remedy. <br />Il. SrtPr we aatl AsNps Boni;.ioiat Marl Straws! Llahflity; CX-slosera. The covenants and agreements of <br />a <br />this Security Instrument shall bind and beatedt .ti a successors and assigns of Lender and Borrower,, subject to the provisions <br />` <br />of paragraph 17. Borrower's covenants and *Vveinents shall be joint and several. Any Borrower who co-signs this Security <br />Imtrusoent but does not execute the Note: (a) is cosigning this Security Instrument only to mortgage, grant and convey <br />crt_t <br />roar ocxrvrwer s mix rear in the Property under the eertrza: � itui Security Instrument; (b) is not personally obligated to pay <br />I the vitas secured by this Security instrument; and (c) ajraes 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 gorowee sconso -si. <br />- - <br />12. Lana Cbwp& If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />r 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 ken 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 oolkcted from Borrower which exceeded <br />. <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 prq yment charge under the Note. <br />IX Lsgidatloa Allheft >{:eadw s !tyros. If enactment or expiration of applicable laws has the effect of <br />rendering any provisi = of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />, <br />may inquire imm duce payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by pan**h 19. If Leptler exercises this option. Lender shall take the steps specified in the second pateagraph of <br />t <br />paragraph 17. <br />14. Nodes. 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 mail to Leender'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 />in this pspWaph. <br />15. Gaivauiag Law; Seretabliity. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in whitelt the Property is located. In the event that any provision or clause of this Security instrument or the <br />Next Picts 4rM- applicable law. ouch o inflict "I not affect oilier provisions o£ this Security Instrument or the Note <br />which can be given elfivt without, the conflicting provision. To this end the provisions of this security Instrument and the <br />Note are declared to be seversbla:;. <br />16. Borrower's Copy.• -Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beetkial Interest in Borrower. If all or any part: of the Property or arty <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 payment in full of all sums <br />secured by this Security Instrutent_ 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 acceleration. The notice, he!! provide a penal <br />of not teas than 30days 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 tiny <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />lg. Bsrnwth's Bight to Rerttstatt. if Borrower meets certain condition•, Wtrowcr shall have the right to have <br />er:forcetnent of this security instrument discontinued at any time prior to the earlier of (a) 5 days (or such other perr(ni as <br />applicable law may speedy for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (h) entry of a judgment enforcing this Security Instrument. Those conditions are that ltorrowcr <br />j <br />(s) pays !.ender all sum% which then would be due under this ',Security instrument and the !Vote had nu acceleration <br />tmurred, (h) cures any default of any other cuvcnarni% or agreements. (c) pays all expensrs mcurrcd in enforcutF this <br />�- ur y inn;rummems. Irldo ti;rg, t,ui not limited to, reasonable attorneys' fees. and (d) takes such aoitin as 1 ender niay <br />real +m:ably tcquirc to assure that the hen of this Sft -urtty Instrument, I ender's nghts rn the Prnpert% and Ihnnwer'. <br />rx <br />ohlrgariora tit r.ai the %utns w.teurtt by sties Sevurily instrument %hall c,runrnue um-hanged Upr +iv r, ni +iaiermnt its <br />K+rr'+acr. rhr '.4rcurety Iri%irurrient urn! the rihhxattimis %rcurct) hcrchy shell rcrnnrn !alts c•ffecu►e a+ if ri„ a., (+worry► had <br />a" ` <br />s- .urrnr fI (- *o,aer,th;%rightturrilmatelh, dinar, t apply it) thrciiw I- fussrleratif Ili ur :,ierraragrarll%It,r f' <br />
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