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88102650
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1988
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88102650
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Last modified
3/9/2007 5:41:20 PM
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3/9/2007 4:35:06 AM
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DEEDS
Inst Number
88102650
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<br />88- 102650 <br /> <br />If Lender r~uiredmortgaie insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower$Jlall pay:-the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminatesin-lIccoroance with Borrower's and Lender's written agreemenl or applicable law. <br />8; 'lJqpeetiop. Lender or its agent may make reasonable entries upon and inspections of Ihe Property, Lender <br />shall give Bo1T()wetn()tii:e at th'e lime of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Coadenmation. The proceeds of any award or claim for damages, direcl or consequential, in conneclion with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnalion. are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property. the proceed5 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 />unle5s 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) Ihe 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 thar tile 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 10 resloration or repair ofthe Property or <br />to the sums secured by this Security Instrument, whether or nol 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 land 2 or change the amount of such payments. <br />10. Borrower Not Releuecl; Forbearance By Lender Not a Waiver. 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 interesl. <br />Lender shall not be required to commence proceedings against any successor in interesl 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. Succeaors ancl Aslips Bouncl; Joint UMl Senral Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subjeclto 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 does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the tenns of this Security Instrumenl; (b) is nOI personally obligated to pay <br />the sums secured by this Security 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 tenns of Ihis Security Instrument or the Note without <br />that Borrower's consent. <br />12. Lou C1aarIleI, 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 />connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced b}' the amount <br />necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted 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. Ihe reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. LqiIIatioD Atredia& Leader'. Ripta. If enactmenl or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security (nstrumenl unenforceable according to ils tenns, Lender, at its option. <br />may require immediate paymenl in full of all sums secured by this Security Instrumenl and may invoke any remedies <br />pennined by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notlca. Any nOlice to Borrower provided for in this Security Inslrument shall be given by delivering il or by <br />mailing it by first class mail unless applicable law requires use of another melhod. The nolice shall be direcled 10 the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be gi\'en 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 Ihis Security Instrument shall be deemed 10 have been given to Borrower or Lender when given as provided <br />in this paragraph, <br />15. Goyernlnl Law; Seyerabillty. 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 thaI any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflicl shall not alfect other provisions of this Securily Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security (nstrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one confonned copy of the Note and of this Securily Instrument, <br />17. Tnuufer of tbe Property or a Beneficial Interest in Borrower, If all or any part of the Property or any <br />inlerest in it is sold or Iransferred (or if a beneficial interest in Borrower is sold or transferred and BOrrower is not a natural <br />person) without Lender's prior wriuen consent, Lender may, at its option, require immediale paymenl in full of all sums <br />secured by this Security Instrument. However, Ihis option shall not be exercised by Lender if exercise is prohibited by <br />federal law as ofthe date ofthis Security Instrument, <br />If Lender ellercises this option, Lender shall give Borrower notice of acceleration, The nolice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower mUSI pay all ~ums secured by <br />Ihis Security Instrument. If Borrower fails 10 pay these sums prior 10 Ihe explralion of Ihis period, Lender may invoke any <br />remedies permitted by this Security Instrument without further nOlice or demand on Borrower, <br />18. Borrower's Ript to RelDltate. If Borrower meets certam conditions, Borrower shall have Ihe nghl to have <br />enforcemenl of this Security Instrumenl discCJntinued at any time prior 10 the earlier of: (11) 5 days (or such other penod as <br />applicable law may specify for reinstatement) before sale of the Property pursuanl to any power of sale mntained in this <br />Securily Instrument; or (b) entry of a Judgmenl enforcing Ihis Securily Instrument. Those condlllons at that Borrower: <br />(a) pays Lender all sums which Ihen would be due under this Securily Instrumenl and Ihe Note h" ' no acceleration <br />occurred; (b) cures any default of I'ny olher covenants or agreements; Ie) pays all expenses mcurte I enforcing this <br />SecurilY Instrument, including. but not Iimiled 10, reasonable attorneys' fees; and (d) takes such acl ,as Lender may <br />reasonably require 10 assure that Ihe hen of this SecurilY Instrumenl, Lender's nghts III the Property and Dorrower's <br />oblillllton 10 pay Ihe sums secured by thIS Secunty InslTument shall conunue unchanged Upon remslalement b) <br />Borrower. this SecurilY Instrumenl and the obhgallons secured hereby shall remain fully effecu\'e as If no ac,'elerallon had <br />occurred_ However. thiS right to reinstate shall nOI apply In the ca!>e of acceleration under paragraphs 13 or 17 <br />
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