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89106368
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Last modified
3/7/2012 4:11:55 PM
Creation date
10/20/2005 10:19:22 PM
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DEEDS
Inst Number
89106368
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I � <br /> i� � <br /> r 89�' 10636� <br /> If'l.ender requircd mortgagc insurancc as a canditian oF inaking the losn secured by this Security lnstrumtnt. <br /> Borrower shall pay the prcmiums rcyuired ta maintain the insuruncc in e}Fect until such time as the requirement for the <br /> insurance terminates in accordancc with Borrowet's attd Leader's written agreement or applicable law. <br /> 8. Inspectioa. l.endor or its agent may make reasonable entries upon and inspections af the Property. Lender <br /> shAll give Bo�rower notice at the time oi'or prior to an inspectian specifj�ing reasonable cause for the inspection. <br /> 9. Condemaation. The praceeds of any award or claim for damages.direct ar consequential.in connection with <br /> any condemnation or other taking of any pprt of'the Property, or for conveyance in lieu ot'condemnation,are hereby <br /> � assigned and shall be paid to Lender. <br /> � In thc event af a total taking of the Property,the praceeds shall be appliec!ta the sums secured by this Security <br /> � Instrument.whether ar not then due,with any excess paid to Borrower. 1n the event of a partial taking of the Property, <br /> unless Borrower an�Lender otherwise agree in ruriting,the sums sevured by this Security Instrument sha11 be reduced by <br /> the amount af the proceeds multiplied by the feFlowing fraction: (a)the total amount of the sums secured immediately <br /> before the taking.divided by(b)the fair marl•ct value of the Property immediately before the taking.Any balance shall be <br /> paid ta Barrower. <br /> If the Propeny is abandoned by Barrower.or if.after notice by Lender to Borrower that the condemnor oflers to <br /> make an award or settle a claim for damages,Bonowcr fails to respond to l.ender within 30 days aRer thc date the notice is <br /> : given.Lender is authorized to callect 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 Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or <br /> i postpone the due date of thr monthly payments referrcd to in paragraphs 1 and 2 or change the amount of such payments. <br /> ; 10. Borrower Not Released; Forbearance By Lender Not a Wdver. Extension of the time for payment or <br /> � modification of amonization of the sums secured by this Security Instrument granted by I.ender to any succcssor in <br /> , interest of Honower shall not operate to release the liability of the original Bonower or Bonower's succe�.sors in interest. <br /> i L.Gnder shal) not be required to commence procerJings against any successor in interest or refuse to extend time for <br /> pa}ment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made ,_ <br /> by the original Borrower or Borrowar's successors in interest.Any forbearance b�Lender in exercising any right or remedy .'"r <br /> shall not be a waiver of'or preclude the exercise of any right or remedy. <br /> ll. Successors and Assips Bound;Joint and Sereral Liability;Casigners. The covenants and agrcements of , <br /> this Security Instrument shail bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions t �� <br /> i nf nara¢ranh 17.Borrower's covenanu and agreements shall he ioint and several.Anv Borrower who casigns this Security �:=_' <br /> � Instrument but does nat exeeute the Note:(a)is co-signing this Security Instrument only to mortgage,grant and coavey - - <br /> ; that Borrower's interest in the Property under the terms of this Security Instrunnent;(b)is not personally olsligated to pay � � <br /> the sums secured by this Security Instrument;and(c)agrees that Lender and any other Horrower may agree to eatend, ' <br /> � modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without _. <br /> � that Bonower's consent. � . <br /> i 12. Lonn Charges, lf the loan secured by this Security Instrument is subjeci to a law which sets maximum loan <br /> � charges, and that law is finaAy interpreted so that the interest or other loan charges callected 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)an?sums already collected from Borrower which exeeeded � <br /> � permitted limits will be refunded to Bonowor. Lender may choose to make this refund b} reducing the principaT owed � <br /> � under the Note or by making a direct payment to Bbrrower.If a refund reduces principal,the reduction will be treated as a <br /> I partial prepayment without any prepayment charge under the Note. <br /> . 13. I.egislatlon AReeting 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 Securit� lnstrument and may invoke any remedies ---- <br /> � permitted by paragraph 19.If Lender exercises this option,I.ender 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 be directed to the ! ° <br /> � Property Address or any other address Borrower designates by notice to l.ender. Any notice to Lender shall be give.n by <br /> first class mail to Lender's address stated herein or any other address Lender designates by notice to Bormwer.Any notice - - <br /> provided for in this Security Instrument shall be deemed to have bcen given to Borrower or Lender when given as provided <br /> in this patagraph. <br /> + 15. Governing I.srw,Severabillty. This Sccurity lnstrament shafl be governed by federal law and the law of the <br /> jurisdiction in which the Property is incated. In the event that any provision or clause of this Security Instrument or the <br /> . Note conflicts with applicable law,such confliet shall not affect other provisions of this Seeurity Instrument or the Note <br /> which can be given eff'ect without tho conflicting provision.To this end the provisiuns of this Securit}lns�rument 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 ot'this Security Instra.iment. <br /> • 17. Tr�nsfer o!the Property or a Aeneficial Interest in �orrower. If a11 or any part of the Property or any <br /> interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or 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 ail sums <br /> � secured by this Security Itsstrument. However. this option shaEl not be exe�cised by Lender if exercise is prohibited by T--- -� <br /> federal law as of'the date of this Security lnstrument. f <br /> If Lender exercises this optian.[�ender shall give Borrowet notice of acceleration.The notice shall provide a period i <br /> of not less than 30 days from the date the notice is delivered or mailed within which 8orrower must pay all sums secured by i ' <br /> this 5ecurity Instrument.If Borrower fails to pay these sums pr.ar to the expiration of this period, L.ender may in��oke uny . . <br /> rzmedies permitted by this Security Instrument withoui futther nolice or demand on 8orrower. <br /> 18. Borrowet's Right ta Reiest�te. If Borrower meets certain conditions, T3orrowcr shall ha�•c thc right to h�ve <br /> t enforcement of this Sccurity InstrumenY discontinued at any time prior to�he earlier of:(a)5 days(or such other Penod as <br /> L applicable law may specify for reinstatement)before sa}e of the Yroperty pursuHnt to any power of sale contnincd in thi. <br /> 5ecuriry Insttumen�;or(b)en4ry of a judgment enfarcing this Security In�trument. 7hose condit�onti are that Hi�rrc�a•cr. h <br /> {3)p�ys C�ender afl ���m�which then would hc �1ae t�ndcr thic Secunty In�trnmcnt as�d �he Nnt� h:�d nc+ �rreleraunn <br /> occurred; {b) cures any default of any otlter covenants or agreements, (c) pay� all cxpeme. mcurrcd in enfurrin� thu <br /> Seturity In5lrumrnt, mrludir�g, bui nul limitctl to, reasr�nable attorney�' feeti: and ld) takcr tiurh .utiun ati I cndc•r may r'� <br /> rraeonably reyuire tc� astiure �hal the lien <�f this Secunty lntitrument. l.rnder'ti ri�;htti ui th�- 1'i��Ccrt} and Fi��r�u��cr'�, �' ° <br />. �bhgauun ti, p��y ihc wmr ticcurcJ hy Ihi.r Security Instrurncnt �hall runtrnur in�c!i:,n�;ed 1'{��m n•imtatcmcnt h� <br /> Finrrr,wet, th�ti Se�ur�ty Imtrument a�id the c�bligat�nns tiecured herehy tihal)retna�n fully etTccu�c.���f nv ac�rlec,m��n h.��l <br /> ni�urrrci :I��wrrrr.ih��ng��t ic�rr�miairsi�:�{I hui�ipj,iy it�ii�ea.a�r�,�di�clCin:i�rlt�.utlic'T'F,ai.i�ta����: !�i�t i' <br /> � <br />
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