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90107059
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Last modified
10/21/2011 12:55:17 AM
Creation date
10/20/2005 10:10:44 PM
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DEEDS
Inst Number
90107059
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,A <br />h 4 <br />RE-RECORDED <br />90- 107059 <br />A: is u�• f i, L( i ` <br />••lft7D, <br />..t�� ;,, :,:,fir •j,7� <br />90-406240 - <br />If Lender required mortme insurance as a condition of making the loan secured by this Security Instrument, - <br />Borrower shell pay the premiums required to maintain the insurance in effect until such time as the requirement for the 5`- <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />o the Pro Lender <br />B, laspeeNoa. Lends or its agent may make reasonable entries upon and iropectiont f )scary. <br />doll give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. - <br />9. Cooda sumako a. The proceeds of any award or claim for damages, director consequential, in connection with 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 Lander. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security y 'mss <br />Instrument, whether or not char 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 radtiplied by the following fraction: (a) the total amount of the son secured immediately : <br />before the taking, divided by (b) the fsir masks vWw of the Property immediately before the taking. Any balarwe shall be ut <br />paid to Borrower. <br />If the Property is abandoned by Boci ower. or if. after notice by Lender to Borrower that the condemsww offers tea }'•• ' <br />make an award) or settle a claim for dosages, Borrower fails to respond to Lender within 30 dabs 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 instrument, whether or not then due. <br />Unless Larder and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone itbe due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such Payments. 1 Jr.. q. <br />11L Bonewa Not adem dt Forbearance By Leaner Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by [.ender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. S _ <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for 3 •V.•I <br />paymrnt or othawise modify amortisation of the sums secured by this Security Instrument by reason of any &-mend made ;; '• <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any rigPat or remedy ' <br />shall not lot a waiver of or preclude the exercise of any right or remedy. t __ <br />11. Successors tad 71b QaisCo-signers. The covenants and agreements of thb Security I nsuument shand and brntat the successors and assigns of Lender and Borrower, subject to the provnsi¢,ns of paragraph 17. Borrowers e Hants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />instrument but does nut exe,:utte the Notc: (a) is co- signing This Security Instn,rwnt only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated 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 a sy accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower'scoment. <br />12. Loan Charges. 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 loan charges collected or to be collected in <br />connection with the loan t xceed 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 1; <br />partial prepayment without any prepayment charge under the Note. ! <br />effect of <br />13. Leeeasladon Affecting Lender's Rights. If enactment or expiration of applicable laws has the <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 t; ; <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 given as provided <br />in this paragraph. <br />15. Gryeraing Law: Sewerability. 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 conflicts with applicable law, such conflict shall not affect other provisions of 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. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />111. Transfer of ibe Property or a Beneficial Interest in Borrower. If all or any part of the Property or any 1 <br />interest in it is sold or transferred kit i i a beneficial interest in Borrower is sold or transferred aid Borrower is not a natural <br />person) webout Lender's prior wriceer consent. Lender may, at its option, require immedrit,: payment en full of all. surtns <br />secured the this Security Instrument. However. this option ~hall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acovIeri,tion. The notice shat( pro,, <br />a period <br />of not lessthan 30 days from the date the notice is delivered or marled within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these 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 condincros, Dorw0cr 111.211 urVc MU ..6..• •� <br />enforcement of this Security Instrument discontinued at anytime prior to the earlier of tat 3 days (or such other penod as <br />applicable law may specify for reinstatement) before sale of the Propert) pursuant to any power of sale contained in this <br />Security Instrument: or Ib) 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 this Secuntp Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements. f ► pays all expense% incurred in enforcing this <br />Security Instrument. uacluduig, but not limited to, reasonable attorneys' fees. and Id) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender's rights 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 Securty Instrument and the obligations secured hereby shall remain fully effective as of no acceleration had <br />occurred. However, this right to reinstate shall not apply in the rase of acceleration under paragraphs 13 or 17. <br />
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