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89103962
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Last modified
10/20/2011 6:29:11 AM
Creation date
10/20/2005 9:48:49 PM
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DEEDS
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89103962
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89`0� 103962 <br />If Lender required mortgage insurance as a condition of making the Man secured 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 is accordmm with 11cwtowera and Lender's written agreement or applicable late. <br />B. I■tlltaetioa. 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 pan 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 award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />j 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 />f Unless Lender and Borrower otherwise agree in writing,. asuy application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in pi ragratphs 1 and 2 or change the amount of such payments. <br />10. Bormwesr Not Releseek Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization 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 li ability 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 modify amortization of the sums secured by this Security Instrument by reason oirany demand made <br />by the original Borrower or Borrower's successors ire interest. Any forboararice by Lender in exercisingangt right or remedy <br />shall not be a waiver of or preclude the exercise of airy tight or remedy. <br />` 11. Saetesmm and AWSas Bmad; Joist MW SevOW LISMlity; Cb-s +tpw4. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrowe>j, 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 Instrument only to mortgage, grant and convey <br />! that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />j t*'sums secured by this S&xi fty Instrument; and (c) agrees 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 Borrower's consent. <br />j 12. Losa Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />!I charge% and that law is finally interpreted so that ctrl interest or other farm charges collected or tea be collected in <br />connection with the loan exceed the permitted iitctits. then: (a) any such loan charge shall be reduced by the.amount <br />necessary to tseduce the Charge to the permitted limit; and (b)- amy'sums already collected from Borrower which exceeded <br />permitted linsits will be refunded to OdFrewer. Leader may ch4jo.w to make this refund.by reducing the principal. owed <br />i under the Note or by making a direct payment to Bcirrower. Ifa refund reduces principal, "the reduction will be treated as a <br />i) martial prepayment without any prepsymmt charge tender the Note. <br />A Lesialathm AReetlag Leader's Risbts. If enactment or expiration of applicable .laws..:has the effect of <br />l rendering any provision of the Note or this Security Instrument unenforceable according to its terns, Leitder, at its option, <br />srtay require immediate payment in full, of all sums secured by this Security instrument and may invoke any remedies <br />piecinio by paragraph 19. If Lender exercises this option, Lender shall take the steps specified 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 io 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 Lenders address stated herein or any other address Lender designates by notice to Sormwer. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender whtn.given as provided <br />in this paragraph. <br />15. Governing Law; Severabitity. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction 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 be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />R Note are declared to be severable. <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 Beselieiai Interest in Borrower. If 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 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 marled 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 />I& Borrower's Rigit to Reinstate, if Borrower meets 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 (or such other period as <br />applicable law may specify for reinstaicment) 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 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 covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security instrument, lenders rights in the Property and B +rmuer's <br />obligation to pay the sunis secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security In .trument and the ubligattnns secured hereby shall remain fully erfecti%c a+ had <br />incurred Hamecer. this right to reinstate ~hall nut apply ni the cam. of acceler7timi under paragraphs 13 or l' <br />ati <br />M <br />
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