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89104085
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Last modified
10/20/2011 6:53:49 AM
Creation date
10/20/2005 9:50:11 PM
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DEEDS
Inst Number
89104085
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$9--- 104085 <br />ri. if Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance its effect until such time as the requirement i'or the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />e. Inspectioo. 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. CorAmnation. 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 res .d to Lender within 30 days after the date the notice is <br />g. - ; Lender is authorized to collect and apply the proceeds at- iii% *icon, either to restoration or repair of the Property or <br />f to the sums secured by this Security Instrument, whether or not tlam da.e. <br />Unless i.�emleraud: Borrower otherwise agree in writing; tiny itp)ilication of proceeds to principal shall not extend or <br />postpone the dde &te orkh menthly payments referred to in parsgt arias 1 and 2 or change tiro amount of such payniectts <br />10. Borrower Not R eleqsed; Forbearance By Lender NO a Waiver. Extension of the time for payment or <br />modification of amortization cf -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 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 in4itterest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or prcclW#e the exercise of any iighp or remedy. <br />11. Soccesson and Am4pa Hound; Joint and` Several IJ Uity; Casigaers. The covenants and <br />agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Boffowees covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />1 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 thhis Security Instrument; (b) is not personally obligated to pay <br />the sutras secured by this Seeuirity Instrument; and (c) agrees that Lender and any other Borrower may agree to extents. <br />j modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Bonowees consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />1 charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />contxetetion with the loan extood the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />R 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 Borravner. Lender may choose to make this refund by. reducing the principal owed <br />3 under the Note or by making a direct payniertt to Borrower. If a refund-reduces principal, the reds ction. vwill be treated as a <br />partial prepayment without any prepayment charge under.the Note. <br />13. Ledelatdon Afiectiag Lender's Rights.. If enactment or expiralirxn of apl i,=ble laws, has the effect of <br />rendering any provision of the Note or this. Security Instrument unenforceable aoording to i raerms, Lender. at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument "'may invoke any remedies <br />permitted by paragraph 19. If Lender exetc�ses this ottion, Lender shall take the steps specified in the second paragraph of <br />a 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 no #ice shall be directed to, the <br />Property Address or any other address Borrower designates by notice to Lender. Any notio -r10 Lender shall be giveti.by <br />first class mail to Lender's adiltess stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be domed, to 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 taw and the taw iif 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. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Treader of rite Property or a Beneficial Interest In Borrower. If all or any part of the Property or any <br />interest in it issold 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 ,ums secured by <br />this Security instrument. If Borrower fails to pay these sums prior to the expiration of [his period. Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />19. Borrower's Rigbt 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 nf: (a) 5 days (or such other period as <br />L 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 conditions are that Borrower <br />(a) pays Lender all sums which then would be due under this Security instrument and the dote had no acceleration <br />occurred. (b) cuter any default of any other covenants or agreements. (e) pays all expenses incurred in enforcing this <br />Securtty Instrument. including. but not hinited to, reasonable attorneys fees, and (d) tames such action a% Lender may <br />reasamahly require it) assure that the lien of this Security Instrument. 1 ender's right~ in the Property and Hturt•uer'N <br />ubligawin to pay the sum,- se+ ured by this Se.ur+ty Instnimcni shall continue unchanpt-d t •pnn r%:m,t;jtrment h•. <br />HorrotAer. tht scrum% Instrument and the t +blIgAlldt". hcteh, siian renian+ ttai% <br />oL.urred Il++sc%er Iht +rtFhit +. rein, �atc�hallnnr , +pp4�+t,tlr..tr +•fa« rice .+tn +e+untlerr. =r.,cnsjh.!t.r <br />ak <br />.j <br />iw <br />
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