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90106940
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Last modified
10/21/2011 12:30:14 AM
Creation date
10/20/2005 10:08:23 PM
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DEEDS
Inst Number
90106940
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M <br />-err <br />MN <br />90-106940 <br />If Leader requited mortgage insurance as a condition of rtsking the lean secured by this Security Instrument. <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the n quirentent for the <br />insurance terminates in mcordaaoe ttvi h Borrowees and Lender's written agreement or applicable lawn. <br />& irpaedw Lender or its agent may make reawsable entries upon and inspections of the Property. Lender <br />doll give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />!. Corimsedort. The proceeds of any award or claim for damages, direct or 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 />au*m d and shall be paid to Lender. <br />In the event of a total taking of the Property. the pmeceds 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 Horrower and Lender otherwise epee in wrift the sums secured by this Security hmrrument :ball be reduced by <br />the aoaoom Qf the proceeds multiplied by the following fraction: (a) the tool amount of the sums secured immediately <br />I F In 1 the is kW& divided by (b) the fair mairket value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />llf the Psopetty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ollers to <br />snake an awmsd or teak a ch m for damages, Borrower fails to respond to lender within 30 days alter the date the notice is <br />liven, Leader is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />to the scum sxctsred by this Security instrument. whetber or not then due. <br />Union Lender and Borrower otherwise agree in writing„ any application of proceeds to principal shall "extend or <br />postpone the due date of the monthly payments referred to is paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Rdeaaedl Forbearance By i etsder Not a Waiver. Extension of the time for payment or <br />modification of amortiadon of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower doll not operate to release the liability of the original Borrower or Borrower's successors in intew..t. <br />Lender shall not be required to commence proceedings against any succeswr in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Securh y 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 />dull not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors wad Asslps Barad; Joint wad Several Liablllty; Co- signers. The covenants and agreements of <br />this Security Instrument shall bind and bendt the successors and assigns of Leader and Borrmwer, 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 Inswument oniv to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is vol personally obligated to pay <br />the sums mcured by this Security Instrument; and (c) agrees tba. tender and any other W-wrower may agree to extenr <br />modili; lbrbear or make any accommodations with regard to the items of this Security Instrument or the Note withou: <br />that Borrower's consent. <br />11 Lout Cheingea. 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 loaf charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge sba;fi be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected dram Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund b} veducing the principal owed <br />tinder the Note or by making a direct payment to Borrowet . If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. lAgfalvdasi Affecting Leader's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security instrument unenforceable according t o its terms. Lender, at its option, <br />may require immediate payment in full of all sums secured lbp this Security Instrument and may invoke any remedies <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. Notions. Any notice to Borrower provided for in this Security tnsarument shall be given by delivering it or by <br />mailing It by first clays 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 noire to Lender shall be given b.% <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 />1S. GVerniag 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 oonflicts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Nvte <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 ccr� .cif the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interese m it is sold or transferred (or if a beneficial interest in Wwower is sold or transfers eL and Borrower is not a natural <br />personp without Lender's prior wnecen consent, Lender may. ai as option, require immedatt payment in full of all sums <br />secured !ati ibis Secn:tity Instrument. However. Fhis option sloaL" runt be exercised by Ler ver if exercise is prohibited by <br />federal law as of vt:e date of this Security (nstrumen : <br />If Lender exercises this option. Lender shall give Borm-Aer notice of 4w,eieration. The notice shaU provide a period <br />of not less than 30days from the date the notice is delivered or ma :;ed within which Borrower must pay a6 sums secured tj <br />this Security Instrument. If Borrower fails to pay these sums errs. to the expiration of this period, lender may invoke ac } <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />Role =C V Rerr ..... -;;-1: h <br />..::a :;....... -d:::: s, 8:.:: c: �. g:: :.c � <br />R : ro <br />enforcement of this Security Instrument discontinued at any time pnor to the earlier of (a) S days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of seek contained in this <br />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 rhos Security Instrumenr 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 />Secumy lnstrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such acrion as Lender may <br />reasocaMy r"wre to assure that the lien of this Security Instrument. Lender's rights to 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 rase of acceleration under paragraphs 13 or 17. <br />�ra!auatt�.tsifu; <br />;.��ritraz�xW <br />f <br />-. <br />
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