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89103941
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Last modified
10/20/2011 6:23:36 AM
Creation date
10/20/2005 9:48:35 PM
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DEEDS
Inst Number
89103941
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r � <br />89--- 103941 <br />F. � if Lender rewired mortgage insurance as a condition of making the loan toured by this Security Instrument, <br />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 />g. Imp ctioa. 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. CeninMation. The proceeds of any award or claim for damages, direct or consequential. in connection with <br />any condem ation or other taking of any part of the Property, or for conveyance in lieu of condemnaticm. are hereby <br />assigned and shall be paid to Lender. <br />in the event of a total taking of the Property, the proceedi 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, &ter 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 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 />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 2 or change the amount of such payments. <br />10. Hoc rower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modulation of smortization 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 successors 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 rnodify amortization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Sat amors sad A*m Boaatl; Joint and Several LisiUhr, C"gsters. The covenants and agreements of <br />this Security Instilrment shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrum=t- o mly to mortgage. grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument,- (tt is mot personally obligated to pay <br />the sums secured bf this Security Instrument: and (c) agrees that lender and atiy cthet Borrower may agroe to extend. <br />modify,_ Wasr or nuke any accommodations with regard to the terms of this qty instrument or the (vote without <br />that.11arrower's consent. <br />4L Lsaa Chsesyas. if the loan secured by this Security Instrument is subject to a law which sets rnuimum loan <br />charges, and that law is finally interpreted so )inat the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, their: (a) any such loan charge shall be reduced by the amount <br />necm%ary 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 Borrott'er. lender may choose to make this refund by reducing the principal owed <br />under the Note or ivy making a direct paymmu to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment %ithout any prepayment charge under the Note. ' <br />13. Affietlag header1s;1 ts. if enactmeat fx expiration of applicable laws has the effect of <br />rendering any provon of the Note or this Security lnn=ment unenforceable according to its terms, Lender, at its option, <br />may;-ftquire immediate payment in full of all sums, st+- -4 and by this Security Instrument and may invoke any remedies <br />permitted by pan* aph 19. if mender exercises this a tiatrs, Lender shall take the steps specified in the second paragraph of ; <br />paragraph 17. - <br />-14. Notk& Any notice to Borrower provide& for in this Sw -urity Instrument shall.be given by delivering it or by <br />ma*n,it by first class mail unless applicable law Mgdires 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 l <br />first class mail to L.endees 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 />itr his paragraph. <br />15. Ggferaiag ILw; SeveraMlity. This Security Instrument shall be governed by federal law and the law of the <br />jurisdfction in which the Property is located. In the evert that any provision ox 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 be given effect without the cottflictinS provision. To this .end. the provisions of this Security Instrument and the <br />Note are declared to be severable- <br />16. Ba»wer's Copy. Borrower s:P l be given one conformEd copy of Ow Note and of this Security Instrument. <br />17. Tra■ehr of tie Property or as Beneflclal lAfamt is Borrower.. Af all or any part 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 Abe 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 r <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 />18. Bet owees Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time pnor to the earlier of (a) 5 days (or such other period as <br />applicable law w may specify for reinstatement) before see 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 conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under this Security instrument and the Note had no acceleration <br />occurred. (b) cures any default of any other cotenants or agreements. (c) pays all expense` incurred in enforcing this <br />Secunt) Instrument, including, but not limited to, reasonable attorneys' fees, and (d) take,. such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's , <br />abliptuDn tq pay the sums secured by thi% Security Instrument shall continue unchanged Upin reinstatement by <br />Borrower, this Security Instrument and ttie obligation% secured hereby shall remain fully effective as if no deceleration had <br />tr,curied fiowever. this right to reinmate sltai`r not apply in thecase of acceleratwn under paragraph% 13 or I <br />M1 <br />
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