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90106781
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Last modified
10/20/2011 11:53:04 PM
Creation date
10/20/2005 10:05:24 PM
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DEEDS
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90106781
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t, <br />' <<11 � � :�5� ;r.>.�• :i��� is <br />1 !.' <br />90'-' -1061 78 1 <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 tim: as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />t. iwapaotloa. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CondewinaNa. 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 Property. or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Leader. <br />in the event of a total taking of the Property. the proceeds shall be applied to the sums secured by this Security <br />Instrutent, 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 />bdbre the taking, di_.idcd by (b) the fair tnsrltet value.- <br />4the Property immediately berate the taking. Any balance shall be <br />paid to Borrower. <br />If the Ftaperty 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 after the date the notice is <br />given. Leader 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 Releaatt FoOmmtmee By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the suns, %wa-ed by this Security instrument granted by Lender to any successor in <br />interest of Borrower shall not oVerate 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 oftmise modify amortization of the sums secured by this Security Instr un: nt by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any fortiftrznce by Lender in exercising any right or remedy <br />shall not be a waiver of or prelude the exercise of any right or remedy. <br />11. Soccessora and Assigns Barad; Joint and Several Uability; Co- si>ptera. 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 pratagraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />ItaaCrurnent but does not execute the Note: (m) es co-signing this Secutart; Instrument only to mort&afe, grant and convey <br />that Borrower's interest in the Property uM&W lane terms of this Securiq- rizirument; (b) is not perwf. rty obligated to pay <br />tine sumps secured: by this Security Instrune mil, amd (e) agars that L =Zee and any other Borrower rxAy agree to extend, <br />mTC><d -& Sarbear er muke aayr nzcomamodadons with regard w- the terms of this SecuntT Ditsirument or the Note without <br />tlCtiL' i3�ti rarwea S Ci'�eLat. . . <br />]lI. DwianChaages. R-the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />ehargv, aced i-kh= dew is finally interpreted so that the interest or ota-.r loan charges collected or to be collected in <br />connection with atte 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" don Affecting Lender's Rights. If enactment z r expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Sz-.m ity Instrument unenftilYozable according to its terms, Lender, at its option, <br />may require immediate payment in full of mLL sums secured by this Security instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercLsgs this oy6an,1! wider shall take the steps specified in the second paragraph of <br />r=sgraph 17. <br />14. Nadees. Any notice to Borrowas ;provided for in this Smu i y �rtstra:sent shall be given by deliverit g nt crr• tTy <br />mailing it by �rv, class mail unless applicaMe law requires use of atiosa'tee :stethod. The notice shall be directed c3 dr-re <br />Property Address or any other address Borrower designates by noure ion L,.•rider. Any notice to Lender shall be given by <br />first class mail to Lenders address stated herein or any other addresiL.en er designates by notice to Borrower. Any - notice <br />O.-Nided for in this Security Instrument shall be deemed to Leave been gm= to Borrower or Lender when given ac pro%ided <br />,tiz tNs paragraph. <br />15. Gverning Lawi Severability. This Security eastrumeat sY? be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any proaasion or clause of this Security Instrument or the <br />,N66 conflicts with appiicable law. such catnMet shall not affect other provisions of this Security Instrument or the Note <br />uttt & can be given effect wilAouc the conflicting pmvismm. To this end the provisions of this Security Instrument aced the <br />.1 aware de dared to be sevemb le. <br />16. Borrower's Copy. Borrower shall be given are conforned copy of the Note and of this Security Intro meittt.' <br />17. Thmsfer of the Property or a Beneficial Interest oci &dc> ewer. If all or any part of the Property Or 21MY+ <br />interest in it is sr^lif. or transferred (or if a becxftial interest in Borrower ur old or transferred and Borrower is not a stz *m* <br />person) without Lender's prior written cament, Lender tray. at its op itin, require immediate payment in full of $2 Sena -s <br />secured by this Security Lnsr'ruinent. However. this olrricia shall not be exercised by Lender if exercise is proLid' m ad! fag' <br />fedeal law as of the date of thira umrity Tnstl =t. <br />If Lender exercises this option, Lencims- %M-1 &e:e &'Towei notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date thenctua-i_ LS d(Jav iwed or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails ro pay rliese. 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) 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 />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Bonower: <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 nghts 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 />T. ills. <br />
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