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89103999
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Last modified
10/20/2011 6:36:53 AM
Creation date
10/20/2005 9:49:14 PM
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DEEDS
Inst Number
89103999
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I <br />FM- <br />89- .lO3999 <br />If Lender WgUiTed mortgage insurance as a condition of making the loan secured by this Security Instrument. <br />W- Irrower shall pay t1h+e premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in acvrordance with Borrower's and Lender's written agreement or applicable law. <br />8. la spwtim Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notilm at the time of or prior loan inspection specifying reasonable cause for the inspection. <br />9. Clos6essoatil a,, 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 ptmceeds multiplied by the following fraction. (a) the total amount of the sums secured immediately <br />befire the taking, divid4d 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 />given. Leader is authorized to collect and apply the proceeds. at its option, either to restoration or repair of the Property or <br />to the stilts ttrcured by this Security Instrument, whether or not then due. <br />Unkas Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpohc the duce date of the monthly payments referred to in paragraphs i and 2 or change the amount of such payments. <br />10. Hotrmww Not Releaud; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortizatio a of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall s of 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 modify 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 eztt� :predTide the exercise of any right or remedy. <br />It. SetmaiveiwdAss4iias Dow 4- Joist and Seveml Liability; Co- signers. The cav=zats.'=d, ugreements of <br />this Security Iwurc mera shallbind and benefit the successors and assigns of Lender and Borrower, sqbject .tio the provisions <br />of pgrmffaph 17. Borrower's, covenants and agreements shall be joint and several. Any Borrower who co-Ss g s this Security <br />Instrument but does not exwute the Note: (a) is co- siping this Security Instrument only to mortgage, gm.t and convey <br />that Borrower's interest in time Property under the ten r mof this Security Instrument; (b) is not personally obligated to pay <br />tae sums-soemsv by this Security instrument; an&(ey 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 />11 L—n-a lf-1--res. it' the ban Worm by this Cecurity instnrment is sukowlt to a law which wets maximum Iran <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 resume• the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits awitl be refunded to Botr¢•vrer. Lender may choose to make this refund by reducing the principal aww: <br />under the Note or by making a direct payment to BorTOwer. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge iii the Note. <br />13. Legislation AReetirt Leader's Rights. • If enactment or expiration taf applicable lives has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument' aatd, may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />16. Nodees. Any notice to Borrower provided tar in this Security Iristr4ment shall be given by delivering it or by <br />mailing it by first. class mail unless applicable law requires use of'another mefhod. The notice shall be directed to the <br />Property Address or any other address Borrower designees by notice to Lender. Any notice to Lender shall be givesi by' <br />first class mail to Lender's address stated herein or any nth► r address Lender designates by notice to Borrower. Any notice <br />provided for in this Security. Instrument shall be deem+ed.•io have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. 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 />Note are declared to be severable. <br />16. Borrowees Copy. Borrower shall be given one conformed copy of the Note and of this Security instrument. <br />17. Truster of the Property or a Beneficial 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 :,ender exercises this option, Lender shall give Borrow er 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 />18. Borrower's Rielat to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of thin Security Instrument discontinued at any time pnor 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 any power of stele tontarned In this <br />Security Instrument, or (h) entry of a judgment enforcing this Security Instrument l hose conditions are that Ho +rrower <br />far pays Lender all sums wtitch then would he clue under this Security Instrument and the Note had mr acrcleratuut <br />Mcurred (b► cures any default :,f any other covenants (+r agreements. tc) pays all expenses Incurred In enG+rcmE this <br />Security tn.tnunent. including. (hut cost itnttred to. reasonable attnrncys' ives and icy► takes su,h actnrr) as l ender rnav <br />reavrinaMy require i +e ac.sure that the lien of this security tnstrum; nt. t (•nder's rights to the Prorwrts and lit; r. =ur is <br />f,bll+.a11:111 to pay be sum++ h% ihr. sc unto. Instrument shall .cr:Imuc up..ch.enged i pm rr1n, +.l :rrru•nt ho <br />Il�•rr+.uer th.:.5e. urn ".r ita +tlrn+'nt an(t thr'+•t+lrgatnlm. secured here!sv iRratl re•n.nn fails t QCt teor• ,1� 1! + :� +.c..(, "+ tl+ I= )••1=j <br />,.. :,rr•,t 11 .ic•irr tfrto�i�hrt srin•. +tt,•s)1.e11n :• teal +plvmrltr.sic•• tea.•. rice, t! nrur...rrl•.rrJ�+.t(•tfs'c +•'t' <br />k-, <br />7 <br />I <br />i <br />
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