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89104901
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Last modified
10/20/2011 11:04:10 AM
Creation date
10/20/2005 10:00:02 PM
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DEEDS
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89104901
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99-- 104901 <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 Lender's written agreement or applicable law. <br />& Lupeedom. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the timee -for prior to an inspection specifying reasonable cause for the inspection. <br />9 Condemnation. The proceeds of any award or claim for damages, director consequential. in connection with <br />any condemnation or other taking of any part of the be paid to Lender. Pro <br />l�Y. or for conveyance in lieu of condemnation, are hereby <br />assigned and shall <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 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 damages. Borrower fails to respond to Lender within 30 days of rthe date the notice is <br />given. Lender is authorized to colhAsnd apply the proceeds. at its option, either to restoration or repair of the Property or <br />i <br />to the sums secured by this Security 10itrument, whether or not then due. <br />Unless Lender and Borrowiw otherwise a in writin an a %,.*tion oP <br />f roceeds to rincipal shaA t tend <br />■ <br />_. 4. <br />fly 89 J PP p ao ex os . <br />postpone the due date oftbe monthly payments raferred to in paragraphs 1 and 2 or change the amount of such paymenia, <br />10. Borrower hat Released; Forbearance By Lender Not a Waiver. Extension of the time for payment. or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interestof Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason ofany demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall notkeq waiver of or preclude tyre exercise of any right or remedy. <br />1I.. Successors and Asftws Must Joint and Segal Liability; Co- sipera The covenants and agmmts of <br />this Security Instrument shall bind ter; benefit OP.. successors and assigns of Lender and Borrower�sr7 ,Jgct to 1:N.-Trsovisions <br />of paragraph 17. Borrower's covenants and agrv=r -fits shall be joint and several. Any Borrower wiiia iz•�s Rh}is Security <br />Instrument but does not execute the Note: (a)'Lso.74gair,this Security Instrument only to me it %grain; -xd convey <br />that Borc'q�wer's interest in the Pro" under the terms cf tdlisSecurity Instrument; (b) is not personally oblige ed to pay <br />the sums, .fired by this Security rrtm-rument; and (c) agraim khat Lender and any other Borrower may ag.rec W. extend. <br />modify, fcui!tar or make any accommodations with regard w the tenors of this Security Instrument or the Note without <br />that Borrower's conseiie. <br />M Loan Clargrs. If the loan secured by this Secasity Instrument is subject to a law which sets maximum !oats., <br />charge&, rru3 that law is finally interpreted so that the interest or other loan charM collected or to be collected in <br />connect cm with the loan exceed t&o permitted limits, tit=: t.) any such loan chi . shall be reduced by the amount <br />necessary to reduce the charge to t m permitted Thvit; and (ist;;F-ny sums already colte)rd from &w. rower which exceeded <br />permitted limits will be refunded to Borrower. 1?=dcr era...hoose to make this refund by rc ucir g the principal owed <br />under the Note or by ranking a direct payment to Borrower:. f9a refund reduces principal, the rediio: on will be treated as a <br />partial prrgayment without any prepayment charge under Challote. <br />I.T. Lt&btkm Affecting Leader's Rights. irf atactment or expiration cf 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 remedies <br />permitted by paragr2pht 19. if Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />16. Notices. Any notice to Borrower provided for in this Security instrument filial] 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. Governing Law; Severabilltly. 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 N+ttc <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. Traaafer 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 />18. Borrower's Right to Reinstate. if Borrower mends certain conditions, Borrower shall have the right to have <br />enforcement of this Security instrument discontinued at any mae prior to the earlier of (a) 5 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 />L 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 />Security Instrument. including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security instrument. Lendei 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 acceleration had <br />occurred. However. this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />7 <br />1. <br />J <br />
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