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90106402
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Last modified
10/20/2011 10:12:17 PM
Creation date
10/20/2005 9:58:51 PM
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DEEDS
Inst Number
90106402
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If Lender required mortgage insurance as a condition of nuking the loan secured by this Security Instrument. <br />Borrows small pay -the peetaiums trequired to maintain the insurance in erect until such time as the requirement for the <br />ittsrsarsaeterminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />f, Ippecdast. Lender or its agent tiny snake reasonable entries upon and inspections of the Property. Larder <br />shall give Borrowtt notice at the rime of or prior to an inspection specifying reasonable cause for the inspection. <br />4. Cosdemaatioa. The proceeds of any award or claim for damages. dirt or consequential, in connection with <br />any condemnation or other taking of any part of the Pmperty. 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 />ur <br />the amo of the preteens Metiphym, by the following fraseWa.- (a) the total amount of the stets secured immediately <br />before the taking,, divided by flap the fair marke value of the Property immediately before the taking. Any batsmce shall be <br />pauf to 8ormwesr <br />if the )P'roperty is abandoned by Borrower, or if. after notice by leader to Borrower that the condemrter offers to <br />make an award or wKe a china for damages. Borrower fails to respond! to Lender within 30 clays after the date the notice is <br />given. Leader is autaaaized to cal0reet and appny the pMceed$. at its option. eithe to mtoration or repair of the Property or <br />tQ rJ1e srtras Mcumd by this Security imstruaaerr, whether or not then done. <br />rulers ll=lw, wA Barmwier OaiS7 xi(SP,t{`i in w ritiag, 3mey k7piirari.ion of proceeds to prindpal shall not extend or <br />pa sfpotre the (bare (UT Qf the uaratrjkb }tz}mnwi:s m fen rid. t(a cam p w.agm In U auv3 2 or clr rarLV: the aznotnnt of such payradetmtts <br />lie. 1l o mmmv.lgdt lRdwimt, FWAawmn Ek, Lathw. N14 to l 'stdiR( , .' Ewrmsm of the time for payment or. <br />mode-awed -of .amOrr.>~rat ov. of Oh- warns :sue L,,$. dnjj. Ema,•rtmrnw. gJ :ra,iml ►,y Lewder to any :qwarmjr in <br />interest of Bw amer shall' molt (uperatr: raa arem:lb-. lira�.'r�� Elil*4: vt $mat Rammim -m GQ=wer.'s u4Y.4" -swrs rise urttmsG. <br />Lender shall not be required to oarmtu ice pm¢ceezbogs against any swxeserac in imreresf: air reC , to exteW time for <br />payment or otherwise modify amoriizatiaa i9cRJ: sums mess secured by this Security InsCmTnert; try: reasnas ntracny dtstnaatd made <br />by the original Borrower or Borrower's suoaessots in interest. Any forbearance by Lender Em exem¢isirnS any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Swiceeptirn and Au*u Boaad; Joint and Several Liali ity; Co-signers. The covenants and 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. 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 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 obligated to pay <br />the sums secured by this Security instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modifjr. forbear or make a -ty accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />IL Lim Charges. 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 <br />connection with the loan txceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount <br />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 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. Le slation Affecting Leader's Rigbts. 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 payment in full of all sums secured by this Security Instrument and may invoke any kemedies <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 Borrower provided for in this Security Instrument &hall be given by delivering it or by <br />mailing it 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 when given as provided <br />in this paragraph. <br />15. GcWesaing Law; Seterability. This Security Instrument shall be governed by federal raw 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. Transfer of the Property or is 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 />18. Borrower's Right 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 />applicable law may specify Gar reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or ((vpamtry of a judgment enforcing this Security Instrument Those conditions are that Borrower: <br />(ar pays P eadjer all suam %1sich. then %would be due under this Security Instrument and the Nore had no acceleration <br />occurred; (W o..ms'aety di salt OF aM) n ltrr covenants or agreements; (c) pays all ezpenv -s cru�siTed in enforcing thin <br />Se=rity bnstrum;mP, irclht44; but races iymnai 6" r'Lsanable attomeys' fees; Wrt' (6), an --swim " 'Lm may <br />r(�nsoasbty rat rrsce r.m• a5rm iJaat die Qe6 �f l:l. s SwaatixJ tnstrumenr, Lender's ryijits war 1:1x. Ft'regemy. and sbrrower's. <br />alwigarian. ''w. !say the suaays wur(d liy tft%, Se - n".Y• bvitrument shall c4ertarwe Ira i cy". by <br />l irawes, tJri.s' * ^ty lrtstr�ment arr.�t r)ie et�lslrar „ ::'red hwdaw slt.all remaa L : u" y :+7.twe as io rya a,x�J -r�.o !road <br />occurred. l,4a\w(N—rr, this right to reir.sm1 -.e:: m1r-rat apply in the Esc oti u�:r- JeralSxar Car r. �K..arr ?S I' l e>* 1' +T. <br />
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