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89104189
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Last modified
10/20/2011 7:20:16 AM
Creation date
10/20/2005 9:51:23 PM
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DEEDS
Inst Number
89104189
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F <br />1 <br />891~ 104189 <br />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 in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and T written agreement or applicable law. <br />L liampecdoin. Leader or its agent may nmake reasonable entries upon and inspectsocts of the Property. Lender <br />shall give Bor. ma notice at tke tim ofor prior to an bispection specifying reasonable cause, for the inspection, <br />9. Candemotba. The proceeds of any awwd or claim for damages, direct at coosepentiaL a coinipecitiogi with <br />my condemnatim or other taking or any pan of the Property, or for conveyance in lieu of condemnation, in hereby <br />assiped and shall be paid to Leader. <br />In the event of a total taking of the Property, the proceeds shall be applied to sums secured by this Security", <br />Instrument. whether or no then due, with any excess paid to Borrower. In the event vr a partial taking of the Property, <br />unless Borrower and Leader otherwise Wee in writing the sums secured by this Secunry Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fractficn: (a) the COW amount of the sums secured immediately <br />before the taping, i divided by (b) the fair market value of the Ficiperty iminediately before the taking. Any balance: shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or if, after notice by L=<Wr to Borrower that the condamor-tillers to <br />make an award or settle *claim for damages. Borrower fails to respond to Lender within 30 days after the data the 00=-is <br />given. Lender is authorized to collect and apply the proceeds, at its option, eftw to restoration or tapir of the 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 ez—hmd of <br />postpone the due date of the montb y payments referred to in paragraphs I and 2 or cbzisge the amount of such kments. <br />10. Borrower Not Rdened: Forbearseft By Leader Not a Waiver. Exbwstan of the time for par,17=t, at, <br />modification of amortmtion of the sums secured by this Security Instrument granted by Lender to any successor M <br />interest of Borrower shall not operate to release the liability of the originit! Borrower or Borroweet successors in interest. <br />Lander shall not be required to commence proceedings against any successor in interest or xvilise to extend time for <br />psymentor otherwise modify amormwian of the sums secured by this Sw=q IuMmeat by reason of any demand made <br />by the ongiruil Borrower orBorrowWs successors in interest. Any fcrbarance by lxaddt inex:rcising any right orremedy <br />shall not ben waiver of or preclude the exorcise afany rillit or remedy. <br />11. Supmees and Am*n Bow* JOW cad Snug 11abi1ft covitmants, and agreements of <br />this Security Instrunna" bind and benefit thesuccessorsand assigniactLendezaadBorrower. subject to the provisions <br />of paragraph 17. Bonv*Ws covenants and agreements shall be joint and several. Any Borrower who co-sips this Security <br />11113MMIM but does not execute the KOW. (a) is co- signing this Security Instrument OrAly to mortgage, grant and convey <br />that Borrowes interest in the Property under the tam of this Security lnvM=t; (5j As not personally obligated to pay <br />the sums secured by this Security Instrument; sad (-.) agrees that Lender and any other Borrower may agree to extend. <br />modify. fb6ear or makeany accotnrrsodatiotts untie regard to the tear ms of iliLs Security Imtrurnent or the Note without <br />that Bioniowees consent. <br />3Z LoataCbsriM If the Qati-secured by this Sec my Instrument is subjq;r td a law which sets maximum loan <br />ChArom and that law a finally interpreted so that the in=W or other ken cUrles collected or to be collected in <br />connection with the km qxceed the permitted lanits, then: (a) any suet loan charge shall be reduced by the amount <br />necessary to reduce the chop to the permitted Unfit; and (b) any sums drieady collected From Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />undo the Note or by making a direct payment to Borrower. If a refund reduces principal, thi reduction will be treated as a <br />partial Prepayment without any prepayment charge under the Note. <br />13. L40detion Affecting 1,4adees 1111401ta. If enactment or expiration of applicable laws has the effect of <br />indering 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 and may invoke any remedies <br />perrgitted by paragraph 19. If Loendierexercises this option, Lender shall take the steps specified in the second pam4pph of <br />paragrv;* t-7. <br />1► Nodess. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />Mailin it by Am claws mad unless applicable law requires, use of another method. The notice shall be directed to the <br />Property Address or aap other address Bortrowa designates by notice to Lender. Any notice to Lender shall be given by <br />ftm Clow OW to Lamler's address stated herein rx say other address Lender desigwm by notice to Borrower. Any notice <br />Provided 6x -= this Security Instrw- z shall be downed to hariv been given to Bwrov*xor, Lender when given im provided <br />in this paragraph. <br />15. G*mmftLxwS@,eftbIft. This Security Instrument shall be governed by federal, law, and the law of the <br />jurisdiction in which I& Property is located. In the event that any priovis�.in or clause of this Scicunry Instrument or the <br />Note conflicts with alx4cible law, such conflict shall not afflect other provisions of ibis Security Instrument or the Note <br />which cat be given effect iivithout tba conflicting provision. To this end the provisions of this Security Instru—nam and the <br />Note are declared tobeseverable. <br />16. Bon~*Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Truder of the Property or a BmficW literat is Borrow. If all ot any put ,af the Property orany <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 u of date of this security Instrument. <br />If Lamle exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not ku than 30 days from the date the notice is delivered or nuukd within which Borrower must pay all sums secured by <br />this Soctinty Lvt4m!wmt. If Renewer .t to pay thm um s. prior to the e--V-.rat= of thiz ptriod. Lender may invoke any <br />reamidin permitted by this Security Instrument without further notice or demand on Borrower. <br />IL Borne Ws R*t to RehisMe. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforce of of this Security Instrument discontinued at any time prior to the earlier of (a) 3 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 in this <br />Security Imtruamt, or (b) entry ofajudgment enforcing this Security Instrument. Those conditions we 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; (co pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, ritaxinable attorneys* fees; and (d) takes such action as Lender may <br />reasonably require to autire, 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 h, <br />Borrower. trimsf—urstv Insoramantand the obligation-tsecured hereby %hail as if stoacceleratirm had <br />(x:uurred If owe� er. t hr; right to reinstate shall not appl% in r lie zaye (if acceleration wick" flarafmirt1% I ::a I' <br />
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