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90106995
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Last modified
10/21/2011 12:42:43 AM
Creation date
10/20/2005 10:09:33 PM
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DEEDS
Inst Number
90106995
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:fa pp •r ., w,,,.,... •... in, . <br />If Lender required mortgage immruee 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 Ome as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />S. Inelteclioa. 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. Coulemadeas, 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 />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 seen due, with any excess paid to Borrower. In the event of a partial taking of the Property. <br />unless Borrower and Leader 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 fTactivrr. (a) the total amount of the sums secured immediately <br />bd'ose the taking, divided by (b) the fair market value of the Property' immediately before the taking. Any balance shall be <br />"W to Borrower• <br />If the Property is abandoned by Borrower, tw if, x8ter notice by Lender to Borrower that the eonde mnoir otl'en 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 Froperty or <br />to the sums stewed by this Security Instrument, whether or not then dw. <br />Unless Larder and Borrower otherwise agree in writing, am application of proceeds to principal shall not extend or <br />postpone the din date of the monthly payments referred to in paraeWhs I and 2 cg change the amount of such payments. <br />10. Borrower Nqt Milasaad; Forbearance By Leader Not a Waiver. lEmension of the time for payment or <br />modification of anorwo0or of the sums secured by gha:is Security Instrument granted by Lender to any successor in <br />interest of Borrower shalt not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall soy be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or o*wwise 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 />WWI not be a waiver of or preclude the exercise of any right or remedy. <br />it. Successors sad Aadgas Bound; Joist and Several Liability+ Co- sipers• The covenants and agreements of <br />this Security Instrument shall bind and benefit the successor and assigns of Lender and Borrower, subject to flat provisions <br />of parabraph 17. Borrower's covenants sad 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 />ghat Borrower's interest in Cite Property under the terms of this Secu: ity Instrunwma.; (b) is not personally Wigwed to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make aay accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's conseng. <br />IL Lo Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loam <br />aa <br />charge% and that law is finally interpreted 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 will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />I& Losislatbn AlFecting Lender'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 to 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 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by fint 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 Leander 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 given as provided <br />in this paragraph. <br />15. Geyernkrg tan, 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 cause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions I 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. Blorrowees Copy. Borrower shall be given one t rn "nrnxa copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any <br />•imere st in it is sold or transferred (or if a beneficial interest in Borrower is sold yr 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 thisSecunt) Instrument. <br />If Lender exercises this option. Lender shall give Borrower r %mce of accehnation. The no'me shall provide a period <br />of not less than 30 days from the date the notice is delacared or marled within w huh Wrrower inust pay all sums secured by <br />this Security Instrument. If Borrower fails to pay Ot- se sums prior to the expiram-n of this period, Lender may invoke any <br />remedies permitted by this Security Instrument w-itfr w further notice or demand on Borrower. <br />sa a..emwaoa might to Reinstate. If Borrower meets eernarn conditions, Borrower shall have the right to have <br />enforcemaeait of this Security Instrument discontinued at an) iurne pint' to the earlier of. (a) 5 days (or such other period as <br />applicable Caw may specify for reinstatement) before We of the Property pursuant to any power of sale contained in this <br />Secunty Instrument; or (b) entry of a ludgmenr 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 />oceunee& (b) cures any default of any other covenants or agreements: (c) pays all expense incurred in enforcing this <br />Seecurrry Instrument, including, but not limited to, reasonable attorneys' fees, and (d) cake i such action as Leander may <br />reasosaNy require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <br />obiaffation 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 IT <br />Mai, <br />
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