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89103535
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Last modified
10/20/2011 4:44:41 AM
Creation date
10/20/2005 9:44:10 PM
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DEEDS
Inst Number
89103535
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1 <br />89--m 103535 <br />If =ftd mortgage insurance as a condition of makin)t the loan secured by this Security Instrument, <br />Burrower premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance 1"Wates is Accordance with Borrower's and Lender's written agreement or applicable law. <br />I. InWeduL Lender or its agent may make reasomable entries upon and inspections of the Property, leader <br />shall give Borrotnar notice at the time ofor prior to an inspection specifying reasonable cause for the inspection. <br />_ <br />V. C MMORNiaa. The proceeds of any award or claim for damages, director consequential, in connection with <br />y condemnation or other taking of any put of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shad 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 />instrumeaL wbetber or not tbem dm with any excess paid to Borrower. In the event of a partial taking of the property. <br />unksa Borrower and Leander otherwise agree in writing, the sums; secured by this Security Instru nil n shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the vents secured imanediately <br />before the takin& divided by (b) the fair market value of the property immediately Wore the takitnj. Any btsl ince shall be <br />Fwd to Borrower. <br />If the Property is abandoned by Borrower. of if, after notice by Lender to DOM-Met that the conderrince offers to <br />make an award or settle a claim for damages, Borrower fails to resptund to Leander witbim 3Q days a(terthe date the notice is <br />given. Leader is authorized to collect and apply the proceeds, at its option. either to regoiatjon or i t*r of the Property <br />to the sums secured by this Security instrument, whether or not then due. or <br />Unkss Lender and Borrower otherwise agree in writing, any application of proceeds to Pfinc pal,dull not extend or <br />Postpone the due date of the monthly payments referred to in paragraphs I and 2 or chats the amount of such payments, <br />10. Baasewst Net itelwad; Forbearance By header Not a Waiver. Extcm cm of the time for <br />modilloation of amortization of the sums secured by this Security instrument granted by Lender to any payment u w in r <br />interest of Borrower shall not operate to release the liability of the original Borrower or Hdrrbweee$ successors in interest. <br />Lender shall not be required to comrnenci: proceedings against any successor in intexest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrumet2 Loy reason of any demand made <br />by the original Borrower or Borrowers successors in interest. Any forbearance by Lenderin exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />IL C 10 ft and AadW Bonn* Joint MW Severd 11"ty; Co-sigaetn. The covenants and agreements of <br />this Security Instrument Shull bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions <br />of paragraph 17. Borrowers covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument but don not execute the Note: (a) is co-siigiting this Security Instrument only to mortgage; grant and convey <br />that Borrower's interest in the Property under the tem%; a chic 4nLeit. t ^: t: ,�:n'; wj i9 iwi persatahly 000gatea to pay <br />the steam secured b!' this Security Instrument: and (c) agrees that tender 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 Borrowers coasam. <br />11 LAM hem— rf tl'^ !hian m.: ed Ly Miss Security instrument is subject to a law which sets maximum ban <br />charges. and that law is annoy interpreted so that the interest or other loan charges collected or to be collected in <br />catnectiorn 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; antes (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 rquyment without any prepayment charge under the Note. <br />' LaSklathe Affecting ting l.vader'a Rights. 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, Gender. at its option. <br />may, require immediate payment in full of all sums secured by this Security Instrument, and may invoke any remedies <br />omitted by paragraph 19. if Lender exercises this option. Lender shall take the sr mph of <br />paragraph 17. cps 3Arxi &ed ill. t3ttt second pare <br />14. Notices. Any notice to Borrower provided for in this Security Instrument #.total' be -given by delivering it or by <br />lonaiiing it by first class mail unless applicable law requires use of another method. IWi notice shall be directed to the <br />tioperty Address or any other address Borrower designates by notice to Lender. Any'rie)ice t© Linden shall be given by <br />!list class mail to Lender's address stated herein or any other address Lender designates hYpotice to Borrower. Any notice <br />provided'fot in this Security Instrument shall be deemed to have been given to Borrower m ender when given as provided <br />in this puloWli. <br />13. Gi*eraiag Law; Severabulty. This Security instrument shall be governed by federal lat;'i red the law of the <br />jurisdiction in which the Property is located. In the event that any Provision cr clause of this Secuii ' .h�striiment or the <br />Note conflicts with applicable law, such conflict shall not acre" alter provisions of this Security lai moment m m r the <br />which rest cl frees t obese without the conflicting provision. To this end the provisions of this Security instrument ant! the <br />. i Note are declared to be severable. <br />y <br />16, Borr'ower's COR. Borrower shall be given ere conformed copy of the Note and of this Security Instrument. <br />17. Truer of ilk property or a Beaefleial laterest is Borrower, if all or an <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred amid Borrower is not V natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment to full 01 I sums <br />secured by this Security Instrument. However, this option shall not be ex by Lender if exercise is prohibited by <br />federal law as of thedateof this Security Instrument. <br />If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of nos less than 30days from the date the notice is delivereat nr magedr wghta w ich 3arrower must pay all sums secured by <br />:lit .°�ci unity imtarment. if Borrower farts 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 />10• B*relm's Rlgk to Reinstate. if Borrower meets certain conditions. Borrower shall have the nght to have <br />enforcement of this Security Instrument discontirrued at any time prior to the earlier of. (a) S days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property Pursuant to an <br />Security Instrument, or (b) entry of a judgment enforcing this Security instrument Thy conditionslare that Borrowers <br />(a) pays Lender all sums which then would be due under this Security Instrument and the tiote had no acceleration <br />occurred, (b) cures any default of any other covenants or agreements. (e) pays all expenses incurred in enforcing this <br />Security Instrument. includme7 hilt net lim"d tc,, rr +sensate ittcirneys' fees, and ed► takes such action as Lender may <br />reasonably require to usure that the lien of this Security Instrument. Lender's rights in the Property and &,rrowees <br />obhrgatKm to pay the sums secured by this Security instrument shall continue unchanged Upon rems- tattrrcm by <br />Harrower, this Security instrument and the i hli6rtiuns seturtd hereby shall remain fuliy effecti.e a. it n., a.cet.-rajv— h,id <br />occurred "O-fl er, this nght to reinitate 0a11 not apply in the. ase ofacarerat:.Ia sutler paragraph. s ,,, t' <br />r "` <br />-1 <br />T: <br />
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