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89104771
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10/20/2011 10:31:13 AM
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10/20/2005 9:58:23 PM
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89104771
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o-9-- 104 771 <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 at.-:the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable It w. <br />& Inspection. Lender or itb -agn may ay make reasonable entries upon and inspections of the Property. Isender <br />shall give Borrower notice at the timeof or prior to an inspection specifying reasonable cause for the inspection. <br />m <br />9. C indeaation. The proceeds of any award or claim for damn jes. 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 />IV the event of a total taking of the Property, the proceeds- shailfie 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 />Wore 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 datnagos, ;gorrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and applyahe 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 l and 2 or change the amount of such payments. <br />10. Borrower N "ot Released; Forbeariiaee- By Lender Not a Waiver. Extension of the time for payment or <br />modification of amo rn of the sums secures:- by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not ope mter-o releasre ¢Fie liability of the original Borrower or Borrower's successors in interest. <br />Lender shall not be required to o wir-mm ;racccedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amcmiwaca c- rhesums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrowers successor- in interest. Any forbearance by Lender in exercising any right or remedy <br />`shall not be a waiver of or preclude the exercise efany right or remedy. <br />11. Successors and Assig)ts Bound; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and-Burrower. subject to the provisions 1 <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is CO- signing this Security Instrument oala- to mortgage, grant and convey <br />that Borrower's interest in the Property under flue - terms of this Security Instrument; (bi is cc t. pq waally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any od !r Bor ra;w .-:-may agree to extend, <br />modify. forbear or make any accommodations with regard to the terms of this Securfey, 4astrument or the Note without <br />that Borrowers consent. <br />12. Loan Charge& If the lop-a scoured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted. q,. 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 reduce the charge to t lie permitted limit; and (b) any sums already 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 />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 with-%t any prepaj-menl charge under the Note. <br />13. Legislation ,effecting: Il;Panrlec's_ )Rifts. if enactment or expiration of apple abji ,- laws has the effect of <br />rendering any provision of the Nuva cr this Security Instrument unenforceable according to «s ter m- s, Lender. at its option, <br />may require immediate payment in fall of all sums secured by this Security Instrument enil rrtsy invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in. thi: second paragraph of <br />paragraph 17., <br />t4.. Notices. Any notice to Borrower provided for in this Security Instrument shall be gnen by delivering it or by <br />mailing i.t. by first class mail unless applicable law requires 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 a hen 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 theconflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Troafer 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 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 />lsl. Borrower's Right to Reinstate. if Borrower meets certain condittons. Botrowcr shall have the right to have <br />enforcement of this Security Instrument discontinued at anytime. prior to the earlier of fa) 5 days (or such other period a% <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of talc contained in this <br />Security Instrument; or (b) entry of a}udgment enforcieg this Security Instrument Thow condition. are that Borrower <br />(a) pays Lender all sum% which then would tie due under this Scvurity Instrument and the Note had rio arLcRrdam <br />occurred; (b) cures any default of any other covenants or agreements. (r) pays all e%pemes tntcurrcd nn erirwotig this <br />Security instrument, Including, but not limited to, reasonable attorneys' feel, and (dr take% such action :n leader may <br />reasonably require to assure that the lieu of thin. Security instrument. tinder's rig w. tit the pt� pertr ant) Iic�nroucl'I <br />ubhganon to pay the sums %inured by thin Security Instrument shall Lonttnue unchctnf;ed 1't�t,u. utrn%r.de ntwnt .t,y. <br />harrower. this Security In%truntent and the obligations %ecuted hereb} shall ternato fully efla tive &- if ml act clet.rttno had <br />occurred. However. this, fight to reinstate shall not apply u► the caseof nl"CCiCrdtrOrr under paragmph% I l i q 17 <br />
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