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90107189
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Last modified
10/21/2011 1:24:27 AM
Creation date
10/20/2005 10:13:20 PM
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DEEDS
Inst Number
90107189
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.N <br />MMI <br />e � <br />a. <br />m <br />i •; <br />90"07189 <br />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. Leader 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 cruse for the inspection. <br />9. Condemnation. 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 Leader. <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 oxen due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Blorrower 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 of the takims secured inutiediatelY <br />before sibs taking, divided by (b) the fair market value of the Property " <br />paid to Borrower. <br />fif 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 regwad to Lender within 30 days after the date the notice is <br />given, Lender is authorized tocollect 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 Lender and BorcQu a otherwise agree in wasting, any application of proceeds to principal shall not extend or <br />postpone the due date of the rnontl`Jly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Not Rekasedt Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization cf the sums secured by this Security instrument granted by Lender 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. <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 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 />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The cover nets and agreements of <br />this Security Instrument shall hind and benefit the successors and assigns of Lender and Borrower, 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 S" -uiity instrument only to mortgage, grant and t•ni>vey <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 any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <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 low is finally interpreted so that the interest or other loan charges collected or to he collected in <br />connection with the loan exceed the permitted limits, then: (a) any such ban charge shall he reduced by the amount <br />necessary to reduce the charge to the permitted limit. and (h) any sums already collected from Borrower which exceeded <br />permitted limits will he refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />tinder t he 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 />13. Legislation Affecting Lender's Rights. if enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Inst rument 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 first class mail unless applicable law requires use of another method. The notice shall he 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 mad 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 a hers given as provided <br />in this paragraph. <br />15. Governing law; Severability. This Security Instrument shall he governed be federal law and the Vass of the <br />jurisdiction in which the Property is located. In the event that any prrsisitm or clause of this Security Instrument or the <br />Note conflicts with applicable law. such conflict shall not affect other provision% of this Sccurm Instrument or the Note <br />which can be given effect without the conflicting provision. ro 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 tine conformed copy of the Note and of this SLcurm Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if it beneficial interest in lorrower t• sold or transferred an.: Borrower is not a natural <br />person) without Lender's prior written consent. Lender may. at u% op::-n. require immediate payment in full of all bums <br />secured by this Security Instrument. However, this o;,::.n shall not he exetcn:d ; y Lender if exercise is f'roHlined by <br />fcderal law asof the dateofthisSecurity In%trumear <br />If Lender exercises this option, Lender shall r., Borrower notice of ao: ce!eranor,. The notice shall r•ry dlt a penod <br />of not less than 30 duv% from the date d r nottee is delivered or mailed uahin w hwh Burrower muw- pay all sums secured by <br />this Security Instrument. If Borrower ':AE!.s pay these %ums prier to the expiration of this perivC:. Lender may invoke any <br />at,..t.c.c...,,... _,, to. rr.. mo ntwithoutfurt her notice or demand i onBorrower. <br />11I. Borrower's �Rigbt to Reinstate. If liorrow'er meets eertatti condtttaris. ffarrower shall have the right to have <br />enforcement of this Se:urity Instrument discontinued at any time pnor to the earl: er •,f (a) S days for such other period a% <br />applicable iaM may specify for reinstatement 1 before sale of the Property pursuant i., ;tnv power of sale contained in this <br />Securt:ty' lnsrrunen:; or (h) entry of a judgment enforcing this Security Instrument. T hose cer0rt m% are that liormwrr <br />N) pays Leader all sums which then would he dole under this Security Instrument and the Carr had tit) acceleration <br />occurred. (bi' cures, any default of any other covenants tin agreements; to Pays all expenses incurred in enforcing this <br />Security Instrument. inciuding. but not limited co- reasonable attorney%' fees and Id) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender', rights in the Property and Borrower's <br />nbitgation to pay the sums secured by this Security Instrument shall continue unchanged Uport reinstatement by <br />iorrower. this Secunq Instrument and the obhgattons %ecured hereby shall remnn fully etTcm tisc as if no acceleration had <br />occurred. Hwaever. this right to rein%tate shall not apply in theca %e of acceleration under paragraph% 13 or 17 <br />„7 <br />- " - � -y�'f tins• <br />i <br />t 7 <br />, , <br />t <br />t 7 <br />
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