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88102195
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88102195
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Last modified
3/9/2007 5:41:16 PM
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3/9/2007 4:33:59 AM
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DEEDS
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88102195
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<br />88- 102195 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this I>ecurity Instrument, <br />Borrower shall pay the premiums required to malntain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and lender's written agreement or applicable law. <br />8. In5peCtlon. lemler or ils 'agenl may make,reasonable entries upon and inspections of the Property. lender <br />shall give Borrower notice al the time of or prior to an Inspection specifying reasonable cause' for the inspection. <br />9. CoiltlemnatJon, The proceeds of any award or claim for damages. direct or consequential, in connection with <br />any condmlnallonor other taking of any part of the Property. or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid 10 lender. <br />, In the event of a lotal taking of the Property. the proceeds shall be applied 10 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 Insti-ument shall be reduced by <br />the amount of the proceeds mulllplied by the following fraction: (a) the total amounl of the sums, secured immediately <br />before the taking. diVided by (b) the fair markel value of the Properly immedialely before the taking. Any balance shall be <br />paid to Borrower. ' <br />If the Property is abandoned by norrower. or if, aRer notice by lender 10 Borrower that the condemnor offers to <br />make an award or setlle a claim for damages, norrower fails to respond to lender within 30 days after the date the notice <br />is given, lender is authorized to collecl and apply IIle proceeds. at ils option, either to restoration or repair of the Property <br />or to the sums secured by this Security Instrument. wheOler or not then due. <br />Unless Lender and Borrower otherwise agree in writing. any application of proceeds 10 principal shall nol extend or <br />postpone the due date of the monthly payments referred to In paragraphs I and 2 or change the amounl of such payments. <br />10. Borrower Not Released; Jo'orbtarance By I..ender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by Oils Security Instrument granted by lender to any successor In <br />inleresl of Borrower shall not operate to release the liability of' the original Borrower or Borrower's successors in interesL <br />lender shall not be required to commence proceedings againsl any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Securily Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in InteresL 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 />II. Successors and Assigns Bound; Joint and Several l..iabilitYi Co-slKflers. The covenanls and agreements of <br />this Security Instrument shall bind and benefil the successors and assigns of L,ender and Borrower. subject to the provisions <br />of paragraph 17, Borrower's covenanls and agreemenls shall be joinl and several. Any Borrower who co-signs thil Security <br />Instrument but doCll not execute the Note: (a) is eo-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />IIle sums secured b)' this Security Instrument; and (c) agrees that lender and any oilier Borrower may agree 10 extend, <br />modify, forbear or make any accommodations with regard 10 the terms of !his Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrumenl is subject to a law which sels maximum loan <br />charges. and that law is finally Interpreted so that the interest Dr other loan charges collected 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 />pcrmitted limits will be refunded 10 Borrower. !.ender may choose 10 make this refund by reducing the principal owed <br />undcr the Note or by making a direct payment to Borrower. If a ref'und reduces principal. the reduction will be treatl!d as a <br />partial prepayment without any prepaymenl charge under the Nole, <br />13. legislation Affecting I..ender's RIRhts. If enaclment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to ils terms. lender. at its option, <br />may require immediale payment In full of all sums secured by this Security Instrumenl and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option. l.ender shall take the steps specified In the second paragraph of <br />paragraph 17, <br />14. Notices. Any notice 10 Uorrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by firsl class mail unless applicable law requires use of another method. The notice shall be direcled to the <br />Property Address or any other address Borrower designates by notice to !.ender. Any notice to !.ender shall be given by <br />first class mail to lender's address staled herein or any olher address lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or lender when given as provided <br />in this paragraph, <br />15, GovernlnR Law; Severability. 111is Securily Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Properly Is lecaled. In the event thill any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflicl shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect withoul the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared 10 be severable, <br />16. Borrower's Copy. Borrower shall he given one conformed copy of the Note and of this Securily Instrument. <br />17. TrlUl!lfer of the Property or a Dcneficlallnterest In Borrower.' Ifali or any part of the Property or any <br />Interest In It is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) withoul lender's prior wrilten consenl. lender may, at ils option, require immediate pa)'ment in f'ull of all sums <br />secured by this Security Inslrument. However. this option shall not be exercised by lender if exercise is prohibited by <br />federal law as of the date of this Securi,y Instrument. <br />If !.ender exercisCll this option, lender shall give Borrower notice of acceleration. The notice shall provide II period <br />of not less than 30 days from the date the notice is delivered or mailed within which Barrower must pay all sums secured by <br />thi. Security InstrumenL If Borrower fails to pay these sums prior to the expiration of this period. !.ender may invoke any <br />remedies permilted by this Security Instrument without further notice or demand on Ilorrower, <br />18, Borrower'. Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued' at any time prior to the earlier of: (a) S days (or such other period as <br />applicable law may specify for relnstatemenl) before sale of the Property pursuant to any power "I' slllc contained In Olis <br />Security Instrumen!; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(II) JIlI)'S Lender all sums which then would be due under this Security Instrument and the Nole had no accelcratlon <br />occurred; (b) cures any default of any oO,er covenanll or agreements; (c) pays all expen.es Incurrcd in enrorcing Uli5 <br />!;ccurity Inltrument, includins. but nntlimlted to. reasonable allorneYI' ree.; and (d) IlIke. such action as I.endcr may <br />rClllnnllbly require 10 aSSllre that Ole lien of Olis Security In.trumen!, I.e"der's righL. in the Propcrly 011\01 Ilnrrower's <br />nbllgntion 10 pay Ihe sums .ecured hy this Security ImtrulDenl shall continue unchanged, Upon rcinM/llcment hy <br />Ilorrnwer. till. Security 1",lrumentllnd the obligation. secured herchy .hall remllio liJ/ly .,reclive a. If no lIcccler/ltion hll<l <br />oc.~ltred, Ilowever. Ihi, righllO rdn'llIle shnll nOlllpply in the cll.e or "cceletllli"n undcr pllragrllph, 1.1 "r J 7, <br />
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