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90106945
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Last modified
10/21/2011 12:32:04 AM
Creation date
10/20/2005 10:08:31 PM
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DEEDS
Inst Number
90106945
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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 />8. Inspection, 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. 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 Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <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 amuount of The sums secured immediately <br />before the taking. divided by (b) the flair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borower. <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 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 lsastrument, whether or not then due. <br />Unless Lender and Borrower+oth-erwise agree iti writing, any application of proceed:: to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs i and 3 or change Ohs amount of such payments. <br />10. Borrower Not Released; Forbestance By Lender Not a Waiver. Ex(tensior.. of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument L=nfad t y Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Bv,n-(jwtr or Borrowers 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 11*1. 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. Successors and Assigns Bowed; Joint and Several Liability; Co- sifters. The covenants and agreements of <br />this Security Instrument shall bind and benefit the saa:essors and assigns of Lender and Borrower, subject t,+ ;he provisions <br />of paragraph 17. Borrower's wveaaa9ai5 and agrcrt;;c :' »• shall be Mt 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 Borrowers interest in the Prepe:riy under the terms of this Security Instrument; (b) Is Gcs+t personally obligated to pay <br />the sums secured by this Security Instrument. and (c) agrees that Lender and any other ew-rower may agree to extend, <br />modify, forbear or MAW any secern=odations with regard to the terms of ths: Security Instrument or the Note without <br />that Borrower's consent. <br />12, Loan Charges. If the t(:,:in secured by this Security instrument is subject to a f ;owe which sets maximum loan <br />charges, and that law is finally ine(erpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed 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 writ Gee created as a <br />partial prepayment without any prep+at-mrent charge under the Note. <br />13. Legislation 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 tot 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 paragraph 19. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph V. <br />14. Notices. Any notice ism &grower 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 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 liken as provided <br />in this paragraph. <br />1S. Governing Law; Severability. This Security Instrument shall he governed by federal law and the law of the <br />jurisdivocun 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 m her prklt•ts: its of this Security instrument or the Note <br />which can be given effect without the conflicting provision. To this end ahe provisions Of this Security Instrument and the <br />Note ace declared to she severable. <br />16. Borrower's Copy. Do-ro,&er shall be given one cart; -rtned copy of the Note and of this Security Instrurt:(en: <br />17. Transfer of the Prgmxt ;y or a Beneficial Interest is Borrower. If all or any part of the Property yr a.? <br />interest in it is sold or transferred (. ov if a benefiout interest it,, bam.wer is sold or transferred and Borrower is not a nadural <br />person) without Lender'% prior written consent. Under may. at its option, require immediate payment in full of alt sums <br />secured by this Security Instrument. However. Shull not he exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Sec -o nr% I nstrutrem. <br />If Lender exerciser this rpnoln, Lender shall give Rorrvw er notice of acceleration. the not ice shall prm ide a peraal <br />of not less than 30 days from the date the notice is delivered or .Ailed sAithin which Borrower must pay all sums securt+c. `. } <br />Ir..uununt if iksrrower fair 10 j 1', these sums r. for to the e�tptrnnon of thi. period. lender may irn(ok(: arm <br />remedies permrrred by rhm'Se -runty Instrumene to itFaut further Horace r *r 4errsnd tin tformwer. <br />18. Borrowtr s Right to Reimstatt. If Boorrcwer meets certain cord gums, Borrower shall have the nght to Rine <br />enforcement of this Security Irtstrurnene discontinued at any uiane prior to the earlier of. (a) S days (or such other pern►d as <br />applicable law may specify for rem-,ratemenn hefiire sale of rbe Property pursuant to any power of sale contained in this <br />Security Instrument: or (h) entry of a judgment enforcing this Security Instrument Thou conditions are that Borrower: <br />(a) pays Lender all sums which then would he due under this Secure[} Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreement,,: (c) pays all expense% incurred in enforcing this <br />Security instrument, including, but not limited to, reasonable attorneys' fees: and id) takes such action as Lender may <br />reasonably require to assure that the hen of this Security Instrument, Lender's rights in the Property and iorrower'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 effeeme 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 />
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