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90105936
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Last modified
10/20/2011 7:35:03 PM
Creation date
10/20/2005 9:50:54 PM
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DEEDS
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90105936
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� r <br />90- 105930. <br />If Lender required uart5118e irauraoce as a condition or making the loan secured by this Security inatrunent, <br />Borrower shall <br />pay the premiuus faPired to maintain the insursirm in effect until such tints as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />L IaspecIMa. Lender or its anent may make reasonable entries upon and inspections of the Property. Loader <br />shall give Borrower notice at the time ofor prior to an inspection Specifying reasonable cause for the inspection. <br />9. C.aadat■sagea. The proceeds of any award or claim for damages. direct or 000segtnential. in connection with <br />any condemnation or odw tt kWg of any part of the Property, or for conveyattoe in lieu of condemnation, are hereby <br />assigned and shall be paid 1w Lendeer. <br />In the event of a to W, Ong of the Property, the proceeds shall be applied to the suns secured by this Security <br />Instrument, whether or no1*Am due, with any cum paid to Borrower. In the event of a partial tsk*g of tie Property. <br />sales Borrower sad Lesdero0erwise agree in writin& the sums secured by this Security Instrument shall be seduced b; <br />the amount of dw pooeeds arsWdphad by the following fraction: (a) the total amount of the suss secured immediately <br />p� deviled by (b) the fair tnarliet value of the RWenty immediately before the taking. Any balance shall be <br />If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offs rs 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, Lander is autiuriud 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 1 and 2 or change the amount of such payments. <br />10. Harrower Not Man* Forbearance By ImWer Not is Waiter. Extension of the time for payment or <br />modd kstion of amo 6=111hm of 16e stuns secured by this Security Instrument granted by Lender to any successor in <br />We of Borrower shall not operate to Masse the liability of the original Borrower or Bou awees successors in interest. <br />Lander shall not be required to eommeence Prooeedimgs against any sw4enor in interest or refuse to extend time far <br />payment aotierwise modify amordnition the sums secured by this Security Instrument by reasmt 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 />droll act be s z mvcv Qf or pa..lude the tmm; as of any right or rerrredY. <br />11. Snoorsson and Andg m Bend; 9oiat and Sererd Llaiil11r, Co-sipaers. The cav=sntiti and agreements. of <br />this Security Isis oumnent shall bind and beneMa the successors and assigns of Lender and Borrower, subject to the provisions <br />Of paragraph 17. Borrrowees covenants and agreements shall be joint and several. Any Borrower who cD4ps this Security <br />, <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 abbgsted to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. <br />i <br />modify. forbear or make any accommodations with regard to the terns: of this Security Instrument or the Note without <br />that Borrower's consent. <br />IL Lora Maraca. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in``s <br />permitted Groins. then: a an such loan c <br />connection with the loan exceed the () y charge shall be reduced by the amount <br />- <br />necessary to reduce the charge to the persitted limit; and (b) any sums already collected from Borrower which exceeded <br />t <br />permitted limits will be refunded to Borrower. Lander may choose to make this refund by reducing the principal owed <br />— <br />to 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 ptepsyment charge under the Note. <br />13. LegAdNon Allfedbe Lwder s Nigh fa. If enactment or expiration of applicable laws has the effect of <br />rendering any praimidon of the Note w this Security Instrument unenforceable according to its terns. Lender, at its option, <br />may require immediate payment in full 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 />14. Notices. Any notice to Borrow provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by Ora clan mail unless applicable law requires use of soother method. The notice shall be directed to the: <br />Property Address or any other address Borrower designates by novice to Lender. Any notice to Lender shall be given by <br />; <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 prodded <br />in this paragraph. <br />1S. Gapesalistg tAw; Seversbility. 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 ehts Security Instrument or the <br />Note conflicts with appliable 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 provams of this Security Instrument and the <br />Now are declared to be severable. <br />16. Borrowerls Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />M. of tk Property or a BeeeficW interest is Borrower. If all or any part of the Property or any <br />miens m K so solo or traruferrea (or if a oenelwctai interest to Borrower is sold or transferred and Borrower is not a natural <br />person) without Leader's prior written consent. Leader may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrtmuaut. 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 Leader exercises this option, tender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not lea 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 thisSecurity Instrument without further notwAor demand on Borrower. <br />IA Boeowsr's Rigltt to Rely tote. If Borrower mats certain conditions, Borrower shall have the right to have <br />enforcernent of this Security Instrument discontinued at any time prior to the arlkbr of tor) S days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained to 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 <br />7 <br />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 />e <br />Security Instrument, including, but not limited to, reasonable attorneys fees, and (d) takes such action as Lender may <br />n <br />reasonably require to assure that the lien of this Secunty Instrument. Lender's rights to the Property and Borrower% <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged l'pi►n reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby Shall remain fully effectise as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 <br />I <br />
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