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89105509
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Last modified
10/20/2011 2:33:53 PM
Creation date
10/20/2005 10:08:04 PM
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DEEDS
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89105509
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s $:..105508 <br />r as a condition of making the loan secured by this 5ecutity Instrument, . <br />norm tlMt to maintain the insurance in effect until such tittle as the requirement for the <br />- i t �Itrith 'sand Lender's written agreement or applicable law. <br />t fray make reasonable entries upon and _ins]n dons of the ftumr_ty. bender. <br />t —ai�Ii time time oror prar to an ttupDectfon specs vying reasonable cause for the hupeetson. <br />1 ! Cerra. The proceeds of any award or claim for damages, direct or consequential, in coM&tian. with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assipodan -shall bepaid to tender. <br />In. the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />IttWoment. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />%mlm Borrower and Lender otherwise agree in writing, the sums secured by this Security.Instrument shall be reduced by <br />tWatnount of Ilse proceeds multiplied by the following fraction: (a) the total amount ?'fi the sums secured immediately <br />bdfom the taN.4 -1- divided by (b) the fair market value of the Property immediately befo>'rrrlt'e taking: Any balance shall be <br />1 to Boer...:...:. <br />If Alit My is.FJT gdoned by Borrower, or if, after notice by Lendarp Borrower that the condemnor offers to <br />t nsgJcb.an award or settle aikWin for damages, Borrower fails to respond to 14t within 30 days agar the date the notice is <br />gain j enter is authotriztewT rolkct and apply th�rptrsceeds, at its option, silo resto> anon or repair of the Property or <br />tfa sitmt secured by this'Security Instrument, whether or not then due. . <br />Unless Lender and Borrower otherwise agree. in writing, any application of proceed -Pi`, .principal shall not extend or <br />Postpone the due date of the monthly payments refetx±gd to in paragraphs 1 and 2 or chaise amount of such payments. <br />10 Borrower Not ltdeau* FwWnr%*m aid• Ierder Not a Waiver. Exteng 4.' W the mile, for payment or <br />:tWdification of amortization of the sums secured •W:this Security instrument granted, ,Lender w,iiny successor in <br />i'hiterest of Borrower shall not operate to release the h bflity of the original Borrower or $66wees successors in ii ;4l�st. <br />Lender shall not be required to commence proceedings against; any successor in interA-, or refuse to extend cm- t.'.fbr <br />! payment or otherwise modify amortization of the sums secured b) °this Security Instrument by reason of any deman0i, ri le <br />by the original Borrowerot'%rrowees successors in interest. Any forbeararsat }:.ender in exercising any right or rei ioy <br />shall not be a waiver of or pireclude the exercise of any right or remedy. <br />IL SreetMm and An pea Bodo* Joint sail Several Lial ility; Co41gnets. Tbt covmatti,�s ltd agreements of <br />r this Security Instrument shall bind and benefit the successors and assigns of Lender and BiM6'0:er, std 10 the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borriger whd j4 .> *s this Somsity <br />Instrument but does riot execute the Note: (a) is co- signing this Security Instrument only to mortgagecjgrant and convey <br />? . Borrower's interest tni the Property under the. terms of this Security Instrument; (b) is not persorrrft6bligated to pay. <br />the sums secured by this &-vurity Instrument; and (c) agrees that Lender and any 'other Borrower n fi agree to extend, <br />modify. forbear or make any accommodations with regard to the. terms of this Security instrument or the Note without <br />that Borrower's consent. <br />IL Liar Charges If the loan secured by this Security Instrument ..:subject to a law which sets maximum loan <br />1 charge% and that law is finally interpreted so that the interest or other .Is charges collected or to be collected in <br />f connection with the loan exceed the permitted limits, then: (a) any such :k on charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected ft9m• Borrower which exceeded <br />::' ; permitted limits will be refunded to Borrower. Lender may choose to make this refund in the principal owed <br />under the Note or by makinga direct p;iyTrent to Borrower. If a refund reduces principal, t"rre reduction will be treated as a <br />pptial prepayment without any prepayment charge:: Eder the Note. <br />13. Legisladoe Affeeflag Leader's I1I&& If enactment or expiration of applicable laws has the effect of <br />rehdering any provision of the Note or this Security instrument tarApforceable according to its terms. Lender. at its M7tion, <br />J. may require immediate payment in' full of all sums secured tyj;tklii Security Instrument and may invoke any rt a3ies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragrllp6h of <br />paragraph 17. <br />id. Notices. Any notice to Borrower provided for in this Security Instrument shall 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 an other address Lender designates y g by notice to Borrower. Any notice <br />i provided for in this Security instrument shall be ds emed to have been given to Borrower or Lender whet; given as provided <br />its.tliis paragraph. <br />1S. Coverrfag Law; Severability. This Security Instrument shall be governed by federal law and the law it�'.the <br />jurisdiction in which the Property is located. in the event that any provision or clause of Q;r, Security instrument- .)r The <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Stuaurity Instrument or ti:4 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. Bwmwer s CM. Borrower shall be given one conformed copy of the Notre and of this Security Instrument. <br />17. Ttankr of the Property ore Beneficial Interest in Borrower. If all nr,.;tny part of )h. property or any <br />interest in it is wM 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 tender exercises t his option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 day4 from the date the notice is delivered or mailed within which Borrower must pay al l sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke anv <br />rxrfredies permitted by this Security Instrument without further notice ordemand on Borrower. <br />lfi 1lonn+tes's Right to Reitttatatt. If Borrower meets certain conditions, Borrower shall have the right to have <br />rftforcttttent of this Security instrument discontinued at any time prior to the earlierof: (a) S days cur such other period as <br />applicable law may specify for reinstatement) before sale of the Property purivant to any power of sale contained to this <br />Setcurity Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. <br />(a) guys Leader all sums which thee+ would be due under this Security Instrument and the Notc had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcutg thv. <br />Security Instrument, including. but nat limited to, reasonable attorneys' fees: and (d) takes sttch action a% Lender mac <br />rcil"tably rewire er, assure that the lien of this Smuraty lnstrurrtcnt, lender's rights to the Propene and Iktrrower's <br />t6118atttm to pay the sums secured by this Security tnstrumernt shall continue unchattge=i ['peen resnsratenrent by <br />Berruwvr, this secuhty In5srument and the rc6ligat:on5 secured hcrebv shall remain fully cfTcdt%e 34 of on accelcr.ttu +n had <br />twcurrcd. Haxecer, this fight to rrtntitate shall telli ripply in thetaw ref aceelcf,!tit+t) under paragraphs 13 ter 17 <br />to <br />�J <br />7 <br />.w <br />ti <br />4 <br />
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