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200201096
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200201096
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Last modified
10/14/2011 4:23:02 PM
Creation date
10/21/2005 9:19:09 PM
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DEEDS
Inst Number
200201096
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200201096 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall <br />pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in <br />accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give <br />Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim fm damages, direct or consequential, in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall <br />be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with any excess paid to Borrower. in the event of a partial taking of the Property, unless Borrower and <br />Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds <br />multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair <br />market value of the Property immediately before the taking. Any balance shall be paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers rot make an <br />award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is <br />authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this <br />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 postpone <br />the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not <br />operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of <br />the suns secured by this Security Instrument by reason of my demand made by the original Borrower or Borrower's successors in <br />interest. Any forbearance by Lender in exercising any right or remedy shall no be a waiver of or preclude the exercise of any right or <br />remedy. <br />1 1. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successom and assigns of Lender and Borrower, subject to the provisions of paragraph 17. <br />Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument bot does not <br />execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the <br />Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations <br />with regard to the terms of this Security Instrument or the Noe without that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and <br />that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed <br />the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to kite permitted <br />limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may <br />choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the reduction will he treated as a partial prepayment without any prepayment charge under the Noe. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any <br />provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate <br />payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If lender <br />exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it <br />by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any <br />other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address <br />stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security instrument shall <br />be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal Jaw and the law of the jurisdiction <br />in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with <br />applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br />without the conflicting provision. To this end the provisions of this Security Instrument and the 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 a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold <br />or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nor a natural person) without Lender's <br />prim written crmsent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. <br />However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security <br />Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not <br />less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security <br />Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by <br />this Security Instrument without father notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Burrower shall have the right to have enforcement <br />of this Security Instrument discontinued at any time prim to the earlier of (a) 5 days (or such other period as applicable law may <br />specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; in (b) entry <br />of a judgment enforcing this Security Instrument. 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 occurred; (b) <br />cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, <br />including, but not limited to, reasonable attorneys' fees; and (d) takes such action as lender may reasonably require to assure that <br />the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this <br />Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations <br />secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the <br />case of acceleration under paragraphs 13 or 17. <br />
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