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200112579
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Last modified
10/14/2011 1:37:55 PM
Creation date
10/20/2005 11:34:36 PM
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DEEDS
Inst Number
200112579
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20011;579 <br />will, upon the Lender's request, apply for and accept such loan in sufficient amount to pay the note and any indebtedness <br />secured hereby in full. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />10. 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 Lender. In the event of a total taking of the Property, the proceeds shall be applied to the <br />sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a <br />partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or <br />greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower <br />and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the <br />proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, <br />divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to <br />Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately <br />before the taking is less than the amount of the sums secured hereby immediately before the taking, unless Borrower and <br />Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums <br />secured by this Security Instrument whether or not the sums are then due. <br />If 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 respond to Lender within thirty (30) days after the date the <br />notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the <br />Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower <br />otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the <br />monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower and any <br />successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors <br />in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any <br />right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br />provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs <br />this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant <br />and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally <br />obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the <br />Note without that Borrower's consent. <br />13. 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 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 'o Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as <br />provided in this paragraph. <br />14. Governing Law; Severability. This Security Instrument shall be governed by federal law. In the event that any <br />provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect <br />other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.' To <br />this end the provisions of this Security Instrument and the Note are declared to be severable. This instrument shall be <br />subject to the present regulations of Lender, and to its future regulations not inconsistent with the express provisions <br />hereof. All powers and agencies granted in this instrument are coupled with an interest and are irrevocable by death or <br />otherwise; and the rights and remedies provided in this instrument are cumulative to remedies provided by law. <br />15. Borrower's Copy. Borrower acknowledges receipt of one conformed copy of the Note and of this Security <br />Instrument. <br />16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is leased for a term greater than three (3) years, leased with an option to purchase, sold, or transferred (or if a <br />beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written <br />consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. <br />17. Nondiscrimination. If Borrower intends to sell or rent the Property or any part of it and has obtained Lender's <br />consent to do so (a) neither Borrower nor anyone authorized to act for Borrower, will refuse to negotiate for the sale or <br />Page 4 of 6 <br />
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