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90105633
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Last modified
10/20/2011 6:38:53 PM
Creation date
10/20/2005 9:46:19 PM
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DEEDS
Inst Number
90105633
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r 7 <br />90-- 105633 <br />obigavons that M socura shal remain In aped as M Lender had not required inimerlste payment in ful. However. Lander Is not required to <br />paler mkWa MttsM It (Q Lander has scospted reinsistarrtenl offer the comniarloortlerd of forsdowre proosefte within two years fmnsdably <br />a <br />proosiding Mereertt wM� dye a affw the priority of t eiid b ttM�t3aou ky eb .�OSUn on dlfferettt grounds In IM hlpes. <br />11. Borrower Not Relessad; Forbearance By Lander Not a Waiver. FAsnWm of the time of payment or <br />moll icatlort of snafu odor of the atone scoured by this Bawdy Instrument granted by Lender to any suoceisa w In Interest of Borrower shah <br />W operate to Mee" IM IOW of the MOW Borrower or Borrower's suoosaw In Interest Lander shah not be regtdred to commence <br />against any outioss ar In Intarat or refuse to World time for payment or otherwise nerdy atttoflsation a the sums secured by <br />this so1 y bttrumeM by reason of any dernsnd made by the orE*W Borrower or Borrower's suoosseors In I ntereat Any forbesranoe by <br />Lends► in WerdoI ng any right or remedy final not be a waiver of or preclude the exercise of arty right or raimedy. <br />12. Successors and Assigns Bound; Joint and Several UsbINW, Co-Slgners. The covenants and agre«n.nts <br />of this Security Inslttamnt shah bind and bonalt the sucoesion and assigns of Lender and Borrower, subject to the provisions of paragraph <br />g.b. Borrower's oovwwft and agreements ate be joint and severel. Any Borrower who co-signs this Smoky InstnitneM but does not <br />meouts the Note: (N is oo-signkng this Smoky Instrument only to mortgage. grant and convey that Borrower's Merest In the Propody ands► <br />the terms of Who Smoky Instrument; (b) is not persaftasy obW*d to pay the sums secured by this Security Inetrttmertt: and (o) agrees that <br />Lender and any other Borrower may agree to extend. a ndly. lortaesr or note any swoon addons with regard to the term of this Security <br />MstruaterN or the Note wkhaft that Borrower's consent. <br />13. Notices. Any notice to Borrower provided for in Ihb Soctogy lnsttuiment sIW be g)vat by delver" it or by etsdng it by tkmct <br />dau ntd wbu sppseable law rsqukas use of "her method. The notice shal be directed to Ow Property Address or any olher address <br />So owes designates by nolios to Lander. Any notice to Lander shal be Osn by fall clue mal to lender's addreu stated Mervin or any <br />address Lander dsoomi s by ratios to Bornwirt r . Any notice provided for in 1hM SeawMy Instrtmnent shel be deemed to have bsm given <br />to Borrower or Lender when given as provided in this paragraph. <br />14. Goverming Lam Severab(lity. This Security Instrument shat be governed by Federal law and the low of Iha ;ilrtsdction in <br />which the Property Is basted. In the evept imat any provision or clause of this Y Instrument or the Nola conflicts with apple" few, <br />such conflict shat not affect other provisions of this Security Instrument or time Not* which an be given affect without the ecnfibtktg <br />provision. To this and the provisions of this Security Instrument and the Note are dadared to be aerttirable. <br />15. Borrower's Copy. Borrower shat be g+ren one conformed copy of this Security Instrument. <br />16. Aselignfltent of Rents. Borrower urica od@lorm4 assigns and transfers to Lender al the rents and revenues of the Properly. <br />Borrower suthor&" Lender or lender's agents to coned the rents and r-ovenues and hereby directs each tenartt of the Property to pay the <br />rents to Lender or lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or ogreernerlt In the <br />Sw--Iy Inshu merit Borrvem sitel t a1W and moceffe M rents and reyenites el !ter Properly as trusts-- nos the bawft of Lender and <br />Bosr&Av. This assigrimord ov Pants consWules an obscluto assignment and not an assignrNnt for additional security only. <br />If Lender gives notice of breach to Swown: (e) of rents received by Borrower shah be held by Borrower as trustee for benefit of Lender <br />only, to be appled to the wxm secured by the Severity Instrument. (b) Lander shal be entitled to collect and receive al of The rents of the <br />Property; and (c) tech tenant of the Propertt •a'ItN pay al rents due and unpaid to lender or Lanow's agent on Lender's written dsmend to <br />ter tenant. <br />Borrower has not executed any prior assignment of the rents and has not ono MJ not perform any eat that would prevent Lander from <br />ernrohing ke rights under this paragraph 16. ' <br />Lander shag not be required to enter upon. take control of or rnairttair, lh* Property before or after giving notice of breach to Borrower. , <br />However, Lender or a Wiciely appointed recover may do to at any tine There is a breech Any appkcalbn of rents shay not sue or waive <br />any default or Involdste any otherr right or remedy of Lander. This assignment M rents of the Property site@ teraw4te when the debt secured <br />by tine Security Instrument Ice paid in W. <br />17. Foreclosure Procedures. Lander at Its option may require Itnn*dsta payment in tug of all sums sscurso by this Security —� <br />instrument w@hwA ftrrfher dantarnd and nay nv*M the power of We and any other remedies perrrotled by applicable law dander shat be <br />ensiled to eoled al expanses kwnurad in pursuing the remndles provided in this paragraph 17. Including, but not IirrilteW to. reaumable, <br />aAtomays' fees and coats of We evklenc* <br />M the power of sale N env rifted. Trustee shin record a notice of default in each county in which any part of the Property is located and <br />shot mol copies of such notice h the mariner prescribed by applicable law to Borrower and to the other persons preatxibaa! by applicable <br />few. leer the tens required by appilcable taw. Trustee she glee public notice of sW to the persons and in the marine presu bad by <br />applicable low. TW41se, wah*A dwroW or, Borrower. shall sod the Property at public auction to the highest bidder at the time and place and <br />under the terms designated tea the notice of sale N one or more parcels and in sun/ order Trustee sieterrnlnes Trustee may postpone sW of <br />all cY My parted of the PropNh, ty public arMounoen+ent of the time and place of aay previously scheduled safe. Lander or Its designee may <br />purzhase the Property at arty •*&s. <br />Upon receipt of payment of the price oa-, Trustee shall deliver to tr,e purchaser Trustee's deed conveying the Property The rscMs in <br />On Trustee's deed shsl be ptims Inca* evidence oI the truth of the slar,rnsnta made Iherait. Trustee sh of apply the proceWs of the as* rn <br />the foftwYp order. (a) to at expenses of the "Is. including. but not N Mt*d to Trustee's We as permitted by applicable law, Arid <br />reasonable asomeys' teas: (b) ?o as sums waxed by this Secur@y Instalment. and (c) any excess to the person or persons legally eniawu <br />to it. <br />18. Reeonveyance. upon payment of V sums secured by this Security Instrumarst. Lander shall roWest TruHte to reconvey the <br />Property and shal starander this Security Instnxnent and ar notes evidencing debt secured by this Security Instrument to Trustee. Trustee <br />shitl swminvoy the Propetty without warranty and without charge to Iha p ebb or persons kgaly anUtted to It. Such person or parsons shell <br />pay any reoadaYort owls. <br />18. Substitute Trust**. Lender. at Re option. nay from In* to tame remove Trustee and appoint a successor trustee to any <br />Trustee Wpoknled hosurider by an instrument recorded in the county in which this Secwtty hstrwrient is recorded Without convavuuy of <br />ter Pn *". Uts successor trustee shelf succeed to ea the urea. power and dunes conkned upon Trustee heron and by applicable law <br />20. Request for Notices. Borrower requests that copse of the notices of debut and sale be sent to Borrower's address which is <br />the Property Address. Sou aaw further requests that copies of the notion of default and sale be sent to each person who is a party hereto <br />q the address of such person sit forth heron <br />21. Ineligible for Insurance Under ttte National Housing Act. Borrower agrees that should this Secw+tq <br />Insburnent and the note secured thereby not be eFgble for insurance under the Nalk" Mousing Art wAhin sixty, (tip) days from the <br />deft ha vol. L*Ww my ec is option and notwithetandng anything on Paragraph g, require i ..Ndrato payment in half of as 1e7)s <br />issom d by Mw Smelt trialruiment. A written statement of any sulhonred agent of the Seastaay dated sabsequent to sear (60) days <br />f m the deft I wool. dock" to insure this Security, 1nsUvnwnt and the Mote tenured tbovarir shat be daerried conouri fe proof of <br />such kgigbiity NahWOrstanding the foregoing. this option rney not b* aarcisect oy a"Weri when the r►rtsradabiitir of rLsurence +s <br />spray der to lender's U1awe to ran* s mortgage insurance premium to the SousUmV <br />LRiders to this Security Inrdrument. It one or more ridets are etswled by Bwow*r and recorded together w1., IN% trM.ddy <br />Instrument, the covenants of each such rider shall be incorporated into and ehee amend and suppioneril the covenants ,end agreements of <br />`f <br />lhie Inswurrnnt as M the Warts) ever* n a <br />Saetulty part of this Security InsWrrnenl lt;had appYCetase bo.lesl� <br />❑ Candwiinium Rider ❑ Adiustable Note Hider ❑ thurvrn E i Hider <br />9 Qu tY <br />Oct <br />❑ Planned LIEN I)ovelupmertl Hider Q lifacfurlerl Peyrtaeril Nl it Utter• •, i r , „i t. „r.,,,, <br />iarelrh mre/M.li t`r�4h X41 "PAII ,.p n,a. <br />i <br />
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