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88102617
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Last modified
3/9/2007 5:41:19 PM
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3/9/2007 4:35:01 AM
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DEEDS
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88102617
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<br />88- 102617 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security instrument. <br />Borrower shall.pay, the premiums.reqllired, to, maintain the insurance in effect unlil such time as the requirement for the <br />insurance terminates in accordance willrBofl'ower's and Lender's wrillen agreement or applicable law, <br />8. In.pecfi9n. .~der orils.g'lI! may make reasonable entries upon and inspections of the Properly. Lender <br />shall give Borroweinotice ,at llietiinecf ot prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. nie proceeds 'of any award or claim for damages, direct or consequential. in connection with <br />any condemnation or other laking 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 totaIlaking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument. whether or notlhen due, with any ellcess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and Lender olherwise agree in writing. the sums secured by this Securily Instrument shaIl be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the lotal amount of the sums secured immediately <br />before Ihe taking, divided by (b) Ihe fair market value of the Property immediately before Ihe 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 lhatthe condemnor offers to <br />make an award or sellle a claim for damages, Borrower fails to respond to Lender within 30 days after the dale the notice is <br />given, Lender is authorized to collect and apply Ihe proceeds, at its option, either 10 restoration or repair of the Property or <br />to the sums secured by this Security Inslrument, 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 monlhly payments referred to in paragraphs I and 2 or change the amounl of such payments. <br />10. Borrower Not Releued; Forbearance By Lender Not a Waiver, ElItension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrumenl granted by Lender to any successor in <br />interest of Borrower ~BlI not operate to release the liability of the original Borrower or Borrower's successors in inlerest. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to elltend time for <br />paymem or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made <br />by Ihe original Borrower or Borrower's successors in interest. Any forbearance by Lender in ellercising any right or remedy <br />shaIl not be a waiver of or preclude the ellercise ohny right or remedy. <br />11. SllCCCIIOn and Aulptl 3otmd; Joint and SeyeraI Liability; Co.sillllers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to Ihe provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and se~'eral. Any Borrower who co-signs this Security <br />Instrument but does not Cllecute the Note: (a) is co-signing this Security Instrument only to mortgage, granl 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 />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to elltend, <br />modify, forbear or make any accommodalions with regard to the tenns of this SecurilY Inslrument or the Note without <br />thai Borrower's consenl. <br />12. Lou a..raes. If the loan secured by this Security Instrument is subject to a law which sets mallimum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan ellceed the pennilled limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the pennilled limit; and (b) any sums already collected from Borrower which ellceeded <br />pennilled limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. LqiJlation Mrectinl Lender's Riptl. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its tenns, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permilled by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />parasraph 17. <br />14. Notices. Any notice to Borrower provided for in Ihis Security Instrument shall be given by deliverins it or by <br />mailins it by first class mail unless applicable law requires use of anolher 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 to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given 10 Borrower or Lender when given as provided <br />in this paragraph. <br />15, Gonmlq Law; Seyerabllity. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or dause of this Security Inslrument or the <br />Note conflicts with applicable law, such conftict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower'. Copy, Borrower shall be given one confonned copy of the Note and of this Security Instrument. <br />17. T......fer of the Property or a Beneficial Interest in Borrower. tf all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower i~ sold or transferred and Bo:Tower is not a natural <br />person) without Lender's 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 />federalIaw 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 the 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 the expiration of this period, Lender may invoke any <br />remedies pennitted by this Security Instrument without further notice or demand on Borrower. <br />II. Borrower'. Ript 10 Reinstate. If Borrower meets certain conditions, Borrower shall have the right 10 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 />IIpplicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enrorcinl this Security Instrument. Those conditions are that Borrower: <br />ea) ..ys Lender all sums which Ihen would boo due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements; ec) pays all expenses incurred in enforcing thIS <br />Security Instrument, includmg, but not limited to, reasonable attorneys' fees; and td) takes such action as Lender may <br />reuonably require to assure that the lien of this Security Instrument, Lender's nghts in the Property and Borrower's <br />obIipttOD to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Securit) InOlrument and the obligations secured hereby shall remain fully eJl'ectlve as if no acceleratIOn had <br />occurrM. However, thIS nght 10 reinstate shall nOI apply In .he case of acceleration under paragraphs 13 or 17 <br />
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