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89103629
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Last modified
10/20/2011 5:05:46 AM
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10/20/2005 9:45:05 PM
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DEEDS
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89103629
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89-- 103629 <br />rIf Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />t ; ' Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />0. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. 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 />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 />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 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 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 awsr.dor settle a claim for damages, Borrower fails 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 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 />Unlesi Leader and Borrower otherwise agree in writing, any application, of principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or char.Vp the amount of such payments. <br />10. RQmwer Not Released; Forbearance By Lender No a Waiver. Extetrvrertx -of the time for payment or <br />modification of amortization of the sums secured 6y, this Security Instrument, gcarr.W Gay Lender to any successor in <br />interest of Borrower shag trot operate to release the liability of the original ZaMW'Wec or &,irrower's successors in interest. <br />Lender shall not be regt4imd to commence proceedings against any succesvr irk interest: or refuse to extend time for <br />payment or otherwise mom. amortizattden. of the sutras secured by this Security Iristrurrrent by reason of any demand made <br />f by the original &wovver# Borrowee"ssaccessors in interest. Anv forbearance by Lender irr. exercising any right or remedy <br />i' shall not be awaituer of otpm -elude theexercise of arty tight or remedy. <br />+ 11. Sltovlinors MA,Assipa Bound; Joint grad' Several Liability; Cosigners. The covenants and agreements of <br />i fts Secutity ra krument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />afiparagraph -17.' Borrower's covenants and agreements shall be Wint and several. Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey <br />i that Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay <br />the obits i=;rzd by tear'. &- Vuittit i:ib., wroWnt; and (%j a •-w that L.iiiCr and any t tItCr � sorrwwcr mmy asmc to CXt.T.nd� <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 />li. Lim. Char&% —.. if the loan scciIr-_"i�i v3 this S".e ty Instrunizat is subject to a !aw which seta rraxinwrs, 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 Noteor by making a direct payment to Borrower. If wretlutd reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Notes <br />13. i.eaislatiom Affecting Leader's Rights. If enactment or expiration of applicable laws has the effect of <br />cmdering any provision of the Note or this Security Instrument unenforceable according to its terms. £ender. at its option. <br />may require immediate payment in full of all sums secured by this Security. Instrument and may iitxake any remedies <br />permitted by paragraph 19. If Lender ciercises this option. Lender shall take the steps spvcffied in 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 Lender. Any notice to Lender shall be given by <br />first class mail to Lender'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 car Lender when given as provided <br />in this paragraph. <br />1S. Governing Lanni; Severability. This Security Instrument shall be governed by federal law and the law of the <br />juiisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can tie given effect without tiie-c4infticting provision. To this end the provisions offitis Security Instrument and the <br />Note are dm1ared to be severable. <br />16. Borrower's Copy. Bor roe' er shall be given one conformed copy of the Note and of this Security instrument. <br />17. Trransfer of the Properly or a Beneficial Interest to Borrower. If all or any pan 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 />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 date of this Security Instrument. <br />if Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <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 />remedies permitted by this Security instrument without further notice or demand on Borrower. <br />19. Borrower's Right to Reinstate. If Borrower m_ets certain conditions. Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days for such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security instrument. or (b) entry of a judgment enforcing this Security Instrument Those con dittons arc that Der rower � <br />(a) pays lender all sums %htch then would he due under this Security instrument and the Note had no acceleration <br />ckcurred, fb) cures any default of any other covenants or agreements. (c) pays all expenses mcurrcd to enforcing this <br />Security Instrument, tncluding. but not limited it;. reasonable attorney~ fees, and (d) takes such action as 1 coder may <br />reawnably rrclwre ;r, q=uire that tht: lien cif the; Sw:urity Imtru:...:it. l.cndcr righ :s in the Proper-. and llc•rrl +t:�r s <br />obligation to ;Lac the sung - iccured by this Security Instrument shall continue unchanrcd trim rcutst,ateme•nt by <br />b4)rrt.xer. this Seiurity Insrruinent and the isbligartrnris secured hereh, sh.tll reinam fulls (4com- as if no cier.,n. n had <br />, m;mrred H. rite:er. thic right to remMatr Shall nc.t .ipplc to the caor 4•t oe. cc•)rratll •n W41 •r raraltral•hs l c 0•1 1' <br />Awf. <br />f' � <br />
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