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88102364
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88102364
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Last modified
3/9/2007 5:41:17 PM
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3/9/2007 4:34:24 AM
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DEEDS
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88102364
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<br />88- <br /> <br />10~364 <br /> <br />If Lender required mortgage insurance as a condition of mcking the loan secured by this Security Instrument, <br />Borroll\>~r shall pay the premiums required to maintain the in~urance in effecl until such time as the requirement for the <br />illsurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. IufedIOD. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender <br />shall give Borrower notice'afdie'timeof or prior to an inspection specifying reasonable cause for the inspection, <br />9. eo.de~08.;~:ptci!=efJlI.~,of any award or claim for damages, direct or consequential. in connection with <br />any condemnation or other taking of any pan 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 Propert,. <br />unless Borrower and Lender otherwise agree in writing, the Slims secured by this Security Instrument shall be reduccL ry <br />the amount of the proceeds multiplied by the following fraction: <a) the total amount of the sums secured immediate'_ <br />before the taking, divided by (b) the fair market value ofthe 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 thai the condemnor offers to <br />make an award or settle a claim for damages. Borrower fails to respond to 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 restoratioli or repair of the Property or <br />to the suma 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 the amount of such payments. <br />10. Borrower Not Releued; ForbearaDce By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Securily 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 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 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 />11. SIICCeIIOn utd AaIi... BouJId; Joint lUld Several Uability; Co-signers. The covenants and agrCClllents of <br />this Security Instrument shall bind and benefil the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17, Borrower's covenants and agreements snail be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: <a) is co-signing this Security Instrument only to mortgage. grant and convey <br />thaI Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligaled to pay <br />Ihe sums secured by this Security Instrument; and <c) agrees thaI Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrumenl or the Note without <br />that Borrower's consent. <br />12. Lou CII8qea. If the loan secured by this Security Instrument is subject 10 a law which sets maximum loan <br />charges. and that law is linaI1y interpreted so Ihat the interest or other loan charges collected or to be collected in <br />connectioo with the loan exceed the permitted limits, then: <a) allY such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded <br />pennitted limits will be refunded to Borrower, Lender may choose to ~ke this refund by reducing Ihe principal owed <br />under the Note or by making a dirQ;t payment to Borrower. If a refund reduces principal. the reduction will be lreated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. J.ePIIadoll AtrectiD& Leader's Riahta. If enactmenl or expiration of applicable laws has the effect of <br />renderinl any provision ofthe Nole or this Security Inslrumenl unenforceable according 10 its terms. Lender. al 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 j)8r&graph 19, If Lender exercises this option. Lender shall take Ihe steps specified in the second paragraph of <br />paragraph 17, <br />14. r<lodcel. Any notice 10 Borrower provided for in this Securi,y Instrument shall be given by delivering it or by <br />mailinS it by first class mail unless applicable law requires use of anolher method, The nolice shall be directed to the <br />Property Address or any other address Borrower designales by notice to Lender, Any notice to Lender shall be given by <br />first class mail to Lender's address staled herein or any olher address Lender designates by notice 10 Borrower. Any notice <br />provided for in this Security Instrument shall be deemed 10 have been given to Borrower or Lender when given as provided <br />in this paragraph, <br />15. GovemiJla Law; SeverabiUty. This Secunly Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the property is located, In the evenl thaI any provision or clause of this Security Instrumenl or the <br />NOle confticlS with applicable law. such conftict shall not affecl other provisions of this Securily Instrument or Ihe Note <br />which can be given eft"ect without the confticting proviSIon, To thiS end Ihe provisions of this Securily Instrument and the <br />Note are dec1arcd 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. TnMIer of the Property or a Beneftciallnterest in Borrower, If all or any part of the Property or any <br />inlerest in il is sold or transferred (or if a beneficlallnteresl in Borrower is wId or transferred and Borrower is nOI a nalural <br />person) without Lender's prior written consent, Lender may, al its option. reqUIre immediate payment in full of all sums <br />secured by ibis Security Instrumenl, However. Ihls 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 acceleration, The notice shall provide a period <br />of not less than 30 days from the date Ihe notice IS delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to Ihe expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrumenl withoul further notice or demand on Borrower, <br />'1, Barrower's IUaltt to Rellllt8te. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcemenl of this SecurilY Instrumenl discontinued at any time prior 10 the earlier of: (a) 5 days (or such other penod as <br />applicable law may specify for reinstatement) before sale of the Property pun;uant to any power of sale con tamed m this <br />Securily Instrument; or (h) entry of a judlmenl enforcing this Secunty Instrumen!. Those conditions are Ihal Borrower: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any defaull of any other covenants or agreements; (c) pays all e"penses mcurred 10 enforcing thiS <br />Secunty Inslrument. mcludmg, but not Iimued to, reasonable atlomey' fees; and (d) takes such action liS Lender may <br />reuonably require 10 assure thaI the hen of thiS Security Instrumenl, Lender's nghls m Ihe Property and Dorrower"s <br />obhption 10 pay the sums secured by thIS Secunty Instrument shall conllnue unchanged Upon remslatement b) <br />BofJl)wer. thiS Security Instrument and the obhpuons secured hereby shall remam fully elfectlve as Ir no acceleration had <br />occurred, However. this n.ht to mnstate shall not apply m the lOa'll: or Beeelerall"n under paragraphs 1 J 111 17 <br />
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