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88102716
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Last modified
3/9/2007 5:41:20 PM
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3/9/2007 4:35:16 AM
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DEEDS
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88102716
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<br />88- 102716 <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 required to maintain the insurance in elTect until sucb time as the requirement for the <br />insurance temiinates in accort:dnce witb Borrower's and Lender's written agreement or applicable law. <br />.. 8.~. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall.give Bon-ower noticeattbt time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condeilmation. 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 tbe Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and sball be paid to Lender. <br />In the event of a total taking of the Property, tbe proceeds shall be applied to the sums secured by tbis Security <br />Instrument, wbether or not then due, with any excess paid to Borrower. In the event of a partial taking of tbe Property. <br />unless Borrower and Lender otberwise agree in writing, tbe sums secured by this Security Instrument sball be reduced by <br />the amount of tbe proceeds multiplied by tbe following fraction: (a) tbe total ammmt of the sums secured immediately <br />before the taking, divided by (b) the fair market value of tbe 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 olTers 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 procec:ds, at its option, either to restoration or repair of tbe 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 montbly payments referred to in paragraphs I and 2 or cbange the amount of such payments. <br />10. Borrower Not Releued; Fol'bNrance By Lender Not a Waiver. Extension of the time for payment or <br />modificaLion 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 tbe original Borrower or Borrower's successors in interest. <br />Lender sha1I not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of tbe 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 orremedy. <br />11. Sacceaon uti Aaipa Bouad; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall bind and 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 c.o-signs this Security <br />Instrument but does not execute the Note: (a) is c.o-signing tbis Security Instrument only to mortgage. grant and convey <br />that Borrower's interest in tbe 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 extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note witbout <br />that Borrower's consent. <br />12. Loa Charaea. 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 otber loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any sucb loan cbarge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower whicb exceeded <br />permitted limits will be refunded to Borrower. Lender may cboose to make this ref WId by reducing tbe 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. LelIiIlatiOD AffeetiDa Leader'. Rilbts, If enactment or expiration of applicable Jaws has the elTect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, 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 />permitted by paragraph 19. If Lender egercises tbis 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 Instrument 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 />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 tbis Security Instrument shall be deemed to bave been given to Borrower or Lender when given as provided <br />in this paragrapb. <br />15. GovenaiDa LaW; Severability. This Security Instrument sball be governed by federal law and the law ofthe <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />whicb can be given dect without the conflicting provision, To this end the provisions of this Security Instrument and tbe <br />Note are declared to be severable. <br />16. Borrower'. Copy. Borrower shall be given one conformed copy of the Note and ofthis Security Instrument. <br />17. Trulfer of the Property or a Bene6c:iaJ Interest in Borrower. If all or any pan of the Propeny 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) 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 />federal Jaw 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 tbe expiration of tbis period. Lender may invoke any <br />remedies permitted by this Security Instrument without funher notice or demand on Borrower, <br />IL Borrower'. RiaIlt to Reillltale. If Borrower meets certain conditions, Borrower shall have Ihe right to have <br />enforcement of this Security Instrument discontinued at any lime prior to the earlier of: (a) 5 days (or such other period as <br />applicable 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 lJf a judgment enforcing this Security Instrument. Those conditions are thai Borrower: <br />(a) pays LeIlder all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, includina, but not limited to. reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure tbat the lien of this Security Instrument. Lender's rights m the Propcrt)' and Borrower's <br />obIiption to pay the sums secured by thiS Security Instrument shall continllC unchanged. Upon reinstatement b)' <br />Borrower, this Security Instrument IIUl the obliptions secured hereby shall remain fully effective as if no acceleration had <br />occurred, However. th., right to reimtate shall not apply m the case of acceleration under paragraphs 13 or 17. <br />
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