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89106797
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Last modified
3/7/2012 4:23:32 PM
Creation date
10/20/2005 10:25:13 PM
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DEEDS
Inst Number
89106797
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` I � <br /> �9�- 106`�9� <br /> �" 1`i.ender required mortQAge insura�ice a►s a conditian ot making the loan secured by thiq Security Instrument. <br /> 1 Borra�er sh�ll p�y the ptemiums required to maintain the insurance in eflect until such time as the requirement for the <br /> iasurance terminates in accordanca w�th Barrowcr's and Lender's written agrecment ar upplicatslc law. <br /> 8. Ia�peCtloA. I.Chder or its agent may make reasonable entries upon and inspections of the Property. Lender <br /> shall give Barrower notice at the time of or prior ta an inspertion specifying reasvnable cauce for the inspection. <br /> 9. Condemnatlon. The proceeds of any award or claim for damages.direct or consequential,in connection with <br /> any condemnation or other taking of any part af the Property. or for canveyance in lieu of condemnatinn,are hereby <br /> assigned and shall be paid to Lender. <br /> In the event of a total taking of the Property. the proceeds sha11 be applied to the sums secured by this Securily <br /> � lnstrument,whether ar not then due,with any excess paid to Borrower. In the event of a partial taking af the Property, � <br /> � unless Bonower and Lender atherwise agree in writing,the sums secured by this Security Instrument shall be reduced by <br /> the amount of the proceeds multiplied by the following fractian:(a)the total amount af the sums secured immediately <br /> btfore the taking,divided by(b)the fair market value of the Pro�rty immediately before the taking.Any balance shall be <br /> paid to Borrower. <br /> If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnar otf'ers to <br /> make an award or settle a claim for damages,Honower fails to respond to Lender within 30 days after the date the notice is <br /> given,Lender is suthorized 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]nstrument,whether or not then due. <br /> Unless Lender and Bonower otherwise agree in writing,any application af praceeds to princiFal shali not extend or <br />; postpone the due date of the monthly payments referred to in paragraphs l and 2 or change the amo�nt of such payments. <br /> 10. Bonowe� Not Released; Forbear�nce By I.ender Not a Waiver. Eatension of the time for payment or <br /> modification of amortization of ihe sums secured by this Security instrument granted by Lender to any successar in <br /> interest of Borrower shall not operate to release the liability of the ariginal Borrower or Bonower's successors in interest. <br /> � Lender shall not be reyuired to commence proceedings against any successor in interest or refuse ta extend time for <br /> ' payment or otherwise�nodify amortization of the sums secured by this Security lnstrument 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 Qr semedy <br /> shall not be a waiver of or preclude the exercise of any right ar remedy. <br /> il. Successors�nd Assl�os Bound;Joiet and Se`enl Li�bility;Casigners. The covenants and agreements of � � <br /> this Security Instrumeret shal)bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions � <br /> of parngraph 17.Borrawer's covenants and agreements shall be joint and several.Any Bonawer Rho co-signs this Security <br /> Instrument but does not execute the Note:(a)is casigning this Security Instrument only to mortgage,grant and convey � <br /> A •� •' D a.r C C I •.I 1: / t' ' ' <br /> Z�i�Z '3!i'Ji��:� iRtL'iC.�"a iia=}i�,a i^v'^��ay Lnd�r il:�=Ci1i3^a aa t�Si�w:Ji3fft3'aii:tiiLfi`��Ti����al���T�at i;..r°.:.r..^���j'O�S���^Stlti tC�°� `.. <br /> 1.:;�= <br /> the sums secured by this Security lnstrument;and(c)agrees that Lender and any other Borrower may agra to eatend, . _ . _ <br />: modify,forbear or make any accommodations with regard to the[erms oi'this Security Instrument or the Note without - <br /> that Borrower's consent. � <br /> ' 12. Loan Gl�uges. If the loan secured by this Security lnstrument 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 colleeted 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)any sums already collected from Borrower which exceeded ' <br /> permitted limits will be refunded to Borrower. Lender may choose to make this resund 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. I.egislation Affecting Lender's Rlghts. lf 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 Security Instrument and may invoke any remedies <br /> � permitted by paragraph 1�.If Lender eaercises this option,I.ender shall take the steps specified in the second paragraph of <br /> paragraph 17. � � <br /> l�. ;Votiees. Any notice to Borrower provided for in this Security Instrument sha11 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 Honower designates by notice to Lender. Any notice to Lender sha11 be given by � <br /> � first class mail to L.ender's address stated herein ar any other address Lender designates by notice to Borrower.Any notice <br /> provided for in this Security Instrument shall be dcemed to have been given to Borrower or Lender when given as provided _ <br /> . in this paragraph. <br /> ' 15. Governing I.aw;Severahility. This Security Instrument shall be governed by federal law and the law of the <br /> jurisdictian in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br /> Note conflicts with agplicable law.such con8ict shall not affect other provisions of this Security Fnstrument or the Note <br /> which can be given effect without the conflicting provision.Ta this end the provisions af 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 I�ote and oi'this Security Instrument. <br /> 17. Transfer of the Property or �BeneScial Interest in Borrower. lf all or any part ef the Property or any <br /> interest in it is sold or transferred(or if a beneficia3 interest in Borrower is sold or transferred and Bonower is not a natural <br /> person)without Lender's prior written consent, Ixnder may,at its option, require immediate payment in full of al1 sums <br /> secured by this 5ecurity Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br /> federal law as of the date of this Security Instrument. ,---_—- -_ <br /> If Lendet exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period • <br /> of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all�ums secured by <br /> this Security Instrument. lf Borrower fails to pay these sums prior to the expiration of this penod.Lender may invoke any <br /> rcmedies permitted by this Security Instrument without further notice or demand on Borrower. , <br /> l8.Bonow4r's Right to Reinstate. If Borrower meets certain cor.ditions. Borrower shall have the right to ha�•e <br /> enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other perind as � <br /> � applicable law• may specify for reinstatement)before sale of the Propert}• pursuant to any power of sale cnntained in this <br /> Security lnstrument;or(b)entry of a judgment enforcing th�s SecunSy Instrument. Thase conditions are that Rorrower� <br /> (a) pays Lender �ll sums w•hteh then would be due under this Secur�ty Instrument and the Nnte had no acceleration <br /> nc�urred. (b) cures at�y default uf any c�ther co�en�nts c�r agreemenis; (c) pays all rxpenseti �ncurred m enforcing th�ti �" <br />� Srcur�ty in5trument, mciuding, hut not i�mrted tri, reasanable attorneyti' fers: and (d►take��uch act�nn ati l.cnder may � <br /> re���mably requ�rr tn a�wre �hat the hen ��f this Secunty In�trumcnt. i.ender'c nght� m the Pmperty� and H�rro�ti�er't , �, <br /> ��hhgau��n tu pay Ihe tium� �rrured by Ihiti Scrurity Intitrumcnt tihal) amttnue unchanEcd l'���m rcin�i:itemrnt hy �-� - <br /> H��rriiuer.Ifii,tie�unty Intitrumrnt and the i�hh�;ahi�riti secured herehy�hatl rernam folly eflecti�e a�rf�nn acreleratu�n had <br /> �K�urred 1l��we�e•r.th��n�ht t�r rem�tatc tihall n��t;it�ply �n thr��itie nf ar�rlet:it��m unde•t�+��r;i�;r.��l�. i z��r I� <br /> � <br />
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