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89104090
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Last modified
10/20/2011 6:55:22 AM
Creation date
10/20/2005 9:50:15 PM
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DEEDS
Inst Number
89104090
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1 <br />89-- 104090 <br />1 if Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument <br />BottoMpr tMi! payX <br />AL -.± tl,_ I f <br />.1wmium required to maintain the insurance in effect until such time as the requirement for the <br />R% <br />trace with Borrower's and Lender's written agreement or applicable law. <br />6r its agent may make reasonable entries upon and inspections of the Property. Lender <br />sitinttN twtaaai -tire Mime of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Co�isteaatiott. 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, arc 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 behoce shalt. be <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or if. air notice by Lender to Borrower that the coodemor ofers; exec <br />make an award or settle a claim for damages,. Borrower faiN to respond to Lender within 30 days after the date tine notice is• <br />given, Lender is authorized to collect angle mpi* : The proceeds, at its option, either to rostomtion. or repair of the' Ptoperiy or <br />to the stems secured by this Security Instrummenn, whether or not then due. <br />Unless Leader and Borrower otherwise agree in writing, any application of piocceds to principal'sht1,I not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 crtchange the amount ofs=h payments. <br />10. Borrower Not Released; Forbeorum By Lender Not a Waiver. Extension of the time (or 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 rekm the liability of the original Borrower or Borrower's successors in interest. <br />Leader shall not be required to commence proceedings against any successor is interest or refuse to extend time for <br />payment or otherwise modify antorii nation of the sums secured by this Security Instminent by reason of any demand trade <br />by the original Borrower or Borrow'er's suers 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 r4ht or remedy. <br />11. Sacceaors and AsiW Bomod; Joint so f Several Lisbility; Co- signers. The enw -ants and agreements of <br />this Security Instrument shall bind and benefit the successorsand assigns of Lender and Borrower, subject bathe provisions <br />of paragraph 17. Borrower's covenants and agreements shaU be joint and several. Any Borrower who co 4sgmsthis Security <br />Instrument but does not execute the Note: (a) is co•signini'this Securiit ..Instrument /only to Mortgage, grant and convey <br />ft �f t%weer'vw'.e . a..,�.t«est in «� j �.'.. -..1�..— th- �v+�':. �i of t�hk....C�... -verity InstT.i.'�r�..t; t,i)'a' ii.0..e ..�_1MW-11 wed tw *-pay <br />the stuns secured by this Security Instrument; and (c) agrees that Lender and any other borrower may agree to extend, <br />modify, forbear or make any aocomanodarions with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />IL Loon CWWJPL if Cac ivi n secured by this Security Instrument is subject to a law which sets maximum loan <br />charges. and that late is finally i tterpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the ptrtnitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; aced (b) any sums already collected from Borrower which exceeded <br />permitted limits will be retWxW to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Relation A11'eetitag ,Leader's R(gits, If enactment or expiration of applicable laws 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 paymenrin frill of all sums secured by this Security Instrument and 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. Notim. 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 regimens 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 <br />first class mail to Lender's 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 />in this paragraph. <br />IS. Ggferaiae Law; Sevasbility. 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. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Ttrmder 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 intermt 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 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 />IS. Borroweees Runt 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) S 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 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 />Smunty instrument, including, but not limited to, reasonable attorneys' tees. and (d) takes 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 />obligation to pay the sums secured by this. Security Instrument shall continue unchanged Upon reinstatement by <br />Borrower, this Security instrument and the obligations, secured hereby shall remain fully effective as if no aviceletatum had <br />occurred However. this right to reinstate shall not apply to the case «f acceleration under paragraph. 13 ur 17 <br />1�. <br />krW_ I <br />r <br />i <br />
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