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90107321
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Last modified
10/21/2011 1:55:07 AM
Creation date
10/20/2005 10:15:57 PM
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DEEDS
Inst Number
90107321
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, r <br />41 1 <br />I is <br />�f 7.7 <br />1. <br />13 <br />41 1 <br />F <br />I is <br />�f 7.7 <br />10732JL <br />If Lender required mortgage insurance as a condition of making the Inn 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 />F <br />�f 7.7 <br />10732JL <br />If Lender required mortgage insurance as a condition of making the Inn 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 low. <br />g. Impaction. Lender or its agent may make reasonable entries upon and inspections or the Property. Lender <br />shad give Borrower notice as the time ofor prior to an inspection specifying reasonable cause for the inspection. <br />The of any award or claim for damages. direct or consequential. in connect ion with <br />7— <br />9. CAtedessadim proceeds <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, she proceeds shall be applied to the sums secured by this Security <br />instniment, whether or not then dm 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 amount of the sums secured immediately <br />before the uking, divided by (b) the fair market value of the Property immediately before the taking. Any bahmm sMU be <br />Y, <br />Paw to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the condemnor offers to <br />make on iswaM or settle a claim for damages. Borrower fails to respond to Lender within 30 day s after the date the notice is <br />given. sender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property of <br />t,o The sums secured by this Security instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />L <br />postpone the due date of the monthly payments referred to in par4_T.-3phs I and z or change the amount of such payments. <br />10. Borrower Not Railendsd; Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by ibis 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 />Borrower Borrowet's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />!.a <br />by the original or <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />it. Sisecemn and Astalpas Bound;- Joint sued Several Liability; Co-sigmen. The covenants and agreements or <br />this Security Instrument shall bind and benefit the succciiscits and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covermts and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note! (a) is cc-signing this Security Instrument only to mortstage, grant and convey <br />that Borrower's interest in the Property under the terms or 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 Boffower's consent. <br />12. Low Cluarvies. If the loan secured bi, 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 exceed the permitted limits. then: (a) any such loan charge shall he 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 />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Notcor this Security Instrument unenforceable according to its terms. Lender. at its option, <br />immediate in full of all sums secured by this Security Instrument and may invoke any remedies <br />may require payment <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 SCCUTily InSITurrient 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 Leader 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 deenied to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Gversdag lAw. Severalifilty. 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 />17. Transfer of the Property or st Beneficial Interest in Borrower. lf all or any pan of the Property orany <br />beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />interest in it is sold or transferred (or if <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 ofthisSecunty Instruirrem <br />If Lender exercises this option. Lender shalt give BOINONker notice ofaccelerat ion. The notice shalt prDvide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured b} <br />this Security Instrument. If Borrower fads to pay these sums to the expiration of this period. Lender may invoke =4 <br />remedies permitted by this Security Instrument without further m-me or demand on Borrower. <br />-0 <br />MCCIS g;Crialil L,"K;D11JP11S, 6Jjft,.WeF jLrIl avc;hc ngh, h--V.- <br />18. Borrower's Right to Reinstate. if Borrower 81 S., as <br />enforcement of this Secunty Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other period as <br />applicable law may specify for tearistatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: <br />(Q pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />default of any other covenants or agreements. (c) pays all expenses incurred in enforcing this <br />occurred; M cures any <br />Security Instrument, including, but not limited to, reasonable attorneys fees, and (d) take% such action as Lender may <br />reasonably require to assure that the lien of this Smunty Instrument. Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Secunty 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 17 <br />
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