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89106490
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Last modified
3/7/2012 4:15:32 PM
Creation date
10/20/2005 10:21:01 PM
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DEEDS
Inst Number
89106490
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1 � <br /> 8�°' 106490 <br /> � if Lender requi�ed mortgage insurance sa a condition of m�kin� the laan secured by this Security lnstrumcnt. <br /> 8orrower shal!pay the premiums required to msintain the insur�ec�in effect until auch tims as the requirement for the <br /> insunnce terntlqateS in accordance with Horroaer's and Lender's written sgrament or�pplicable law. <br /> a. Isspe�Non.. I,ende�or its agent may malce reesonable entries upon and inspections of the Propeny. Lender <br /> shall Sive Borrowet notice at the time of or prior to�inspection specifying reasonable cause for the inspection. <br /> 9. Co�deai�allon. The proceeds of any award or claim for damages.direct or consequentisl,in connection w�dth <br /> any condemnation or other uking of any pan oP the Praperty, or for conveyance in lieu of condemn�tion�are hereby <br /> usigned and shall be paid to Lender. <br /> In the tvGnt of�totd uking of the Property,the grocceds shall be applied to the sums secured by this Sacurity <br /> Instrumenl,w�hetber or not then due,�ith any eacaa paid to Bonower. In the avent of a putisl t�lcing of the Property. <br /> unlas Horro�ver and Lender otherwise ssree in writing,the sums secwed by this Security Instrument shall be reduccd by <br /> the amount of the proceeds multipHod by the following fractian: (a) the total amount of the sums secwed immodiately <br /> before the taking,divided by(b)the fiir muket vslua of the Pmparty immediately before the taking.Any bslsnce shall be � <br /> paid to Horrower. <br /> If tbe Properiy is abandoned by Borrower.or if*after notice by Lendcr to Horrower that the condemnor offers to <br /> make an a�vud or settle a claim for damsges,Borrower fails to respond to Lender within 30 days aRcr the date the notice is <br /> given,Lender is authorized to collect and apply the procads,at its option,either to restoration or repaur of the Property or <br /> to the sums socured by this Security Instrnment,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 /> postpone the due date of the monthly paymenu refened to in paragraphs 1 and 2 or change the amaunt of such payments. <br /> 10. Borrower Not Releaud; Forbeuance By Lender Not a Wai�er. Eatension of the time for payment or <br /> modiRcation of�ortiiation of the swns secured by this Security Instrument granted by Lender to any successor in <br /> intere.st of Borrower shall not opente to release the liibiGty of the original Borrower or Borrower's successors in interest. <br /> Leader shall not be required to commence praceedings against any successor in interest or refuse to eatend time for <br /> payment or otherwise modify amortiution of the suma sccured by this Security Instrumbnt by resson of any demsnd made <br /> by the ori�inal Horrower or Horrower's successors in inta�est.My farbearance by Lender in exercising any right or remedy <br /> shaU not be a��aiver of or preclude the cacercise of any right or remedy. <br /> ll. Sucewors aai A�d�n Hoaed:Joi�t and Se�era!I.i�bWty; Co-si�eri. Tho covenants and agreements of <br /> this Securiry Instrumrnt sh�ll bind and beneSt the auccessors and assigne of Lender and Borrower,subjcct to the provisions �. <br /> of pusgraph 17.Borrawer's covenanu and agreements shall be joint and sevual.Any Horrower who co-signs this Security + <br /> Iastrument but doa not exxute the Note:(a)is co-signing this Security lnstrument only to mortgage,grant and convey <br /> thst Horrower's interest in the Property nnder the terms of this Security Instsument;(b)is not personally obligated to pay <br /> the sums sacured by this Secwity Instrument;and(c)agas ths►t I.endtr and any other isorrower may sgree ta eactend, -�:�;; � <br /> ' modify,forbear or make any axommodations with regard to the terms of this Security Instrument or the Note without . , _ <br /> thit Borrower's consent. ;;' <br /> 12. Lwn Chu�es. If the loan secured by this Security Instrument is subjeet to a law which sets maximum loan :�.•:. <br /> chuges, and that law is flnaUy interpseted so that the interest or other loan shuges collected or to be coltected in �'''� <br /> connection with the loan eaceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount • = <br /> nece.uary to reduce the cbuge to the permitted limit;and(b)any sums already collected from Borrower which exceeded - <br /> . permitted limits wiU be sefunded to Borrower. Lender may choose to make this refi�nd by reducing the principal owed =� <br /> uader tbe Note or by making a direct payment to Borrower.If a refund reducss priacipal,the reduction will be treated as a t <br /> � partiil prepsyment without any prepayment charge under the Note. � <br /> 13. Legislatioa AffecHng I�e�der's Rlahb. If enactment or expiration of applicable laws hms the effect of <br /> rendering any provision of the Note or this Security Instrument unenforceable according to its terms,Lender,at iu option, ► <br /> may require immediate payment in full of all sums securod by this Security lnstrument and may invoke any remedies ; <br /> permitted by paragaph 19.If Lender exercises this option,Lender shall take the steps specified in the second paragraph of <br /> ParaBraPh l�. :. <br /> 14. NoNca. Any notice to Borrowcr providal for in this Security Instrument shall be given by delivering it or by <br /> mailing it by first class mail unless applicable law roquires use of another method. 'The notice shall be directod to the r� <br /> Praperty 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 ban given to Borrower or Lender when given as providod � <br /> in this prtagraPh• . <br /> 15. C,�erning Law;Se�erability. This Security Instrument shall be govemed by federal law and the law of the <br /> jwisdictian in which the Property is tocated.In the event that any provision or clause of this Security Instrument or the <br /> ASote conflicts with applicable iaw,such conflict shal]not affect oiher provisions of this Security Instrument or the Note <br /> w�hich esn be given effect without the conflicting provision.To this tnd the provisions of this Security Instrument and tlie <br /> Note are declarcd to be severable. <br /> 16. Borrower's Copy. Bonower shall be given one conformed copy of the Note and of this Security lnstrument. <br /> � 17. Tnnsfer ot the Property or a Beneflci�l Interest in BorroNer. If all or any part of the Property or any <br /> interest in it is sold or transfetred(or if a beneficial interest in Borrower is sotd or transferred and$orrower is not a natural <br /> person)without Lendcr's prior written consent.Lender may,at its option,cequire immediate payment in full of all sums <br /> secured by this Security Instrument. However, this option shall not bG exercised by Lender if exercise is prohibited by <br /> federal Isw as of the date of this Security lnstrument. <br /> If Lender eaercisa this option,Lender shall give Borrower noticc of acceleration.7'he notice shall provide a period ---—_ <br /> of not less than 30 days from the date the notice is delivered or mailed within which Bonower mnst pay al]cums secured by <br /> this Security lnstrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invake any <br /> remedies permitted by this Security Instrumant without further notice or demand on Horrower. <br /> 18.eorrower's Ri�ht ta Reinstate. If Borrower meets certain conditions,Bonower shall have the right to have � <br /> enforctment of�his Security]nstrument discontinued at any time prior to the earlibr of:(a)5 days(or such other period as <br /> applicable Iaw may specify for reinstatement)before sale of the Property pursuant to any power of sale conta�ned in this � <br /> L Security lnstrument;or(b)entry of a judgment enforcing this Security lnstrument.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 /> occurred; (b)cura any default of any other covenants or agreements; (c) pays aU expenses �ncurred in enforcing th�s h <br /> Securiry lnsttument, including, but not limited to. teasonable attorneys'fees; and(d)takes such actron as I,ender may �� <br /> reasonably requ�re tn essure that the l�en of this 5ecurity Instrumtnt, Lender's nghts in the Pr�perty and Borrower's �y <br /> obl�gatton to pay the sums secured by th�s Secunty lnstrument shall cont�nue unchanged Up�m reinstatement by . <br /> Borrawer,ih�s Secunty lntittument cnd the obligations stcured heteby shall remain fully effective as if no accelerat�on had •• •• <br />. occurrtd However,th�s nght to rcinstate sha11 not epply�re the cn�e of acceleratton under paragrnphe 1;or 17 <br /> J <br />
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