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88101394
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Last modified
3/9/2007 5:41:09 PM
Creation date
3/9/2007 4:31:56 AM
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DEEDS
Inst Number
88101394
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<br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance ~cnninates in accordance with Borrower's and Lender's written agreement or applicable Jaw. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give 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 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. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property 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 condemnor offers to <br />make an award or senle a claim for damages, Borrower fails to respond 10 Lender within 30 days after the date the notice is <br />given, Lender is authorized 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 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 />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change Ihe amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Wail'er. Extension of the time for payment or <br />modifiCation of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest, <br />Lender shall not be required 10 commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument 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 or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />n. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall bind 2nd benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but docs not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />thai Borrower's interest in Ihe Property under the terms of this Security Instrument; (b) is nol personally obligated to pay <br />the sums secured by this SecurilY Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />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 <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />cOllnection with the loan exceed the permllted 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 />permilled limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />'Jllder t he Note or by making a direct payment to Borrower. I f a refund reduces pnncipal. t he reduction will b~ treated as a <br />par;ial prepayment without any prepayment charge under the Note. <br />13, Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrumenl unenforceable according to Its lerms. Lender, at its option, <br />may require immediate payment in full of all Sums secured by this Secumy Instrument and may invoke any remedies <br />permitted by paragraph 19. I f Lender exercises this option. Lender 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 Inslrument 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 />firsl class mail 10 Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrump.nt shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Latt.; Severability. This Security Instrument shall he governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or c1au!te of t his Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect olher prOVisions of I IllS Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the proVISIons of t his Security I nstrument and the <br />NOH." are declared to be sl:verabJe. <br />16. Borrow'er's Copy. Borrower shall be given one conformed copy of the Note and of tlw, Security Inst rumen!. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is l.old or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower Il. not a natural <br />person) without Lender'!. prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security 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 Lender exercises this option, Lender shall give Borrower notice of acceIeral iOIl. The 1101 ice shall provide a period <br />of notlt"!;s than 30 days from the date the notice is delivered or mailed Within whIch Borrower must pay all sums secured by <br />this Security Instrument. If Bcrrower fails 10 pay these sums prior to the expiratIon of t his period. l.ellder may IIlvoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borro*er's Right to Reinstate. If Borrower meets certain condniom. Borrower shall have the right 10 have <br />enforcement of thi.. Seculity Instrument discontinued at any time prior to the earlier of (a) S da~'s (or such other period as <br />applicable law may specify for reinstatemenl) before sale of the Property pursuant to any power of ..ale contalllcd in tillS <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Tho,>e conditions are Ihat BOrnw.'lT <br />.(a) pays Lender all sums which then would be due under Ihis Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other COVenants or agreemenls; (c) pays all eApense' Incurred 111 enforcing tillS <br />Security Instrument, Including. but not Iimitet.lto, rC3sonable attorneys' fees; .lnd (d) lakes '>uch aCllOn as Lender may <br />rcasonabl)' require 10 assure lhal the lien of this Security Instrument, Lender's nghts In Ihe Propt'r1y and Horrower'.. <br />obligation to pay lhe sums secured by Ihis Security Instrument shall conllnu~ unchanged Upon n.'lI'slalcmcnl h) <br />.Borrower. thilo ~CUfll)l In,>trumenl and the obligatioll'; secured hereby shall remam fully dfl"t,It\c: <1\ If no ;lccdelatlOll had <br />oc.curred. However. thi... right to rcim,talc !iOhllll nol apply III the ca!iOC of acceleration under paragraph, 11 or 17 <br /> <br />88- 101394 <br /> <br />. ~'~ It <br />
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