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89104981
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Last modified
10/20/2011 11:19:52 AM
Creation date
10/20/2005 10:00:59 PM
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DEEDS
Inst Number
89104981
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F <br />89- 104981 <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 />Inspection. Lender or-its agent may make reasonable entries upon and inspections of the Property. Leader <br />sha-111 give Borrower notice at the titre of or prior to an inspection specifyiingreason"I ecausefor the inspection. <br />9_03mod-e—own-dant The proceeds of any award or clael—m fi--- damages, direct or canscquer.64 in commactionwith <br />any condemnation or other taking of any part of the.?mgperty, or for conveyance in lieu of condem*#'m, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property; - %&t::pravaet-,i- skill be 4joi4 to the <br />Instmimat, whtther or not tb=dw. wfthMV.� a *&* to trower. in tbf.- � nroperty, <br />"t��arnnt of the proceeds inuitip}ied �:i �follor��g fraction: (a) the total amount of the sums secured immediately <br />befort6 the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />I <br />podto Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make in award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given. Lender is authorized 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 I and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Leader 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 />interest of 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 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 />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Sweessors and Assigns Board; Joint and Several U&MIltr, Co-slpemi 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 Instniment; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Insu=ent or the Note wiftut <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is eject to a law which SCUE maximum loan <br />charges, and that law is fixWly interpreted so that the interest or other k= charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge sha!) be reduced by the ar, nt <br />necessary to reduce the charge to the peat�atted limit; and (b) amF sanis already collected fkm. Borrower which exooeded <br />permitted limits will be refunded to Bower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to BmTower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Logislatilon Affecting laedWs Riots. If enactment or expiration of appjisable laws has the effect of <br />rendering any provision of the Note or fts Security Instrument unenforceable according to fts tzrrns, Lender, at its option, <br />may require immediate payment in fu(i of a sums secured by this Security Instrument =A may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this gin, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Nodcea. Any notice to Borrower pre--itt.-d for in this Security Instrument shat! be given by delivering it or by <br />mailing it by ffmi class in" unless app,;calble law raq-sires use of another method. The ncz:ce shall be directed to the <br />Property Address or any other address Borrower 6mpates by notice to Lender. Any notice to Leader shall be given by <br />first elm mail to Lender's address stated herein or any other address Lender designates by notice to lkrro-wer. 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 />M Gq#erains 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 the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. BorrowerIsCopy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Traeger of tbeProperty 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, Leafier shall give Borrower notice of acceleration. 71-rd notice shall provide a period <br />aftne less than 30 days from the date the stolioe is delivemd or m.&JNd within which Borrower must ' <br />pay altrmms secured by <br />ift Security Instrument. If Borrower ffils to M diet t UL-as ONX iO tha expiration of this period, Len4ir may invoke any <br />remedksperruivied by this purity Instrument wierraut further nO'ViC&order=Td on Borrawer. <br />14. B m"Wa ftbt to Reflasute If Barmw= Mtew gcrt_-ia corift"ans, COMO-,rier shall have file fight to Ila' ve <br />enforcement of this Security Instrument discontinued at any time prior to the earlitr of. (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property purs -ant to dny power of sale contained in this <br />Security Instrument; or (0) entry of ajudgment 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, 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 by <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, this fight to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 <br />71 <br />_J_ - <br />
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