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88103460
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88103460
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Last modified
3/9/2007 5:41:27 PM
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3/9/2007 4:37:06 AM
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DEEDS
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88103460
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<br />88- 103460 <br /> <br />If Lendcr required mortgagc insurancc as a condition of making thc loan secured by this Security Instrumcnt, <br />Borrower shall. pay thcpremiums required to maintain thc insurancc in cft'ect until such timc as thc requircmcnt for thc <br />insurance tcrminates'in'lCcordance with Borrower's and Lender's written agreemcnl or applicable law. <br />1J.1~0Il, Lender or its ..gent may make reasonablc entries upon and inspections of thc Property. Lendcr <br />shall give Borrower notice at the time of or prior 10 an inspection specifying reasonablc cause for thc inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in conneclion with <br />any condemnation or other taking of any part of the Property, or for conveyancc in lieu of condemnation. are hcreby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied 10 thc sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the evcnt of a partial taking of thc Property, <br />unless Borrower and Lendcr otherwise agree in writing, the sums secured by Ihis Security Instrumenl shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) thc tolal amount of thc sums secured immediately <br />before the taking, divided by (b) the fair marlo:et value of thc Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If thc Property is abandoned by Borrower, or if. aftcr nOlice b~ Lendcr to Borrower that the condemnor offers to <br />make an award or settlc a claim for damages, Borrowcr fails 10 respond to Lendcr within 30 days after the date thc notice is <br />given. Lender is authorized to collecl and apply Ihe procceds. al ils option. eilher 10 restoration or repair ofthe Property or <br />to thc sums secured by this Security Instrument. whclher or nollhcn due. <br />Unless Lendcr and Borrowcr otherwise agree in writing. any applicalion of proceeds to principal shall not extend or <br />postpone the due datc of the monthly payments rcfcrred to in paragraphs I and 2 or change thc amount of such payments. <br />10. Borrower Not Releued; Forbearance By Lender Not II Waiver. Extcnsion of the time for payment or <br />modification of amortization of thc sums secured by this Security Instrument granted by Lendcr to any successor in <br />interest of Borrower shall not operatc to release thc liabilily of thc original Borrower or Borrower's successors in interest_ <br />Lender shall nOI be required to commcnce proceedings against any successor in inlcrest or rcfuse to cxtend time for <br />paymcnt or otherwise modify amortization of the sums secured by this Security Inslrument by reason of any demand madc <br />by the original Borrower or Borrower's successors in interest. Any forbearancc by Lcnder in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise ofany right or remedy. <br />II. SaceaIon uti A.al.... 8ouDd; Joint and Seven! Liability: Co-signen. ThC covenants and agreemcnls of <br />this Security Instrument shall bind and benefit the successors and assigns of Lendcr and Borrowcr, subjecl to thc provisions <br />of paragraph 17. Borrowcr's covenants and agreements shall be join! and several. Any Borrower who co-signs Ihis Security <br />Instrument but does not execute the Nole: (a) is co-signing !his Security Inslrumenl only 10 mortgagc. gran I and convey <br />Ihat Borrower's interest in the Property undcr thc terms of this Securily Instrumcnt; (b) is not personally obligaled 10 pay <br />thc sums secured by this Security Instrument; and (c) agrees thaI Lendcr and any othcr Borrowcr may agree to extend. <br />modify, forbear or make any accommodations with regard 10 the lerms of Ihis Securily Inslrumenl or the Nolc withoul <br />Ihat Borrower's consent. <br />u. LollI <.'barps, If thc loan secured by Ihis Security Instrument is subject 10 a law which sels maximum loan <br />charges, and that law is finally interpreted so that the interest or olhcr loan charges collected or 10 be collected in <br />connection with the loan exceed thc permiued limits. Ihen: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permiUed limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded 10 Borrowcr. Lender may choose to make thIS refund by reducing Ihe principal owed <br />under the NOll: or by making a direcl payment 10 Borrower. If a rcfund reduccs principal. thc reduction will be treated as a <br />partial prepayment without any prepaymcnl charge under the Notc. <br />13, Lqisladoa AtrectiDa Lender'. RJabtl, If cnactment or cxpiralion of applicable laws has the eft'ect of <br />rendering any provision ofthc NOlc or Ihis Security Instrumenl unenforceable according 10 ils lerms. Lender, al ils option, <br />may require immediate payrr.enl in full of all sums secured by this Securily Inslrument and may invoke any remedics <br />permiued by paragraph 19. If Lender ellcrcises this oplion, Lender shall take the stcps specified in the second paragraph of <br />paragraph 17. <br />.4. Nodea. Any notice 10 Borrower provided for in this Securily Inslrumen! shall be givcn by delivcring it or by <br />mailing it by first class mail unless applicablc law requires use of anothcr melhod. The nolicc shall be direcled to thc <br />Property Address or any other addrcss Borrowcr dcsignates by nolice to Lender. Any nOlice to Lendcr shall be given by <br />first class mail to Lender's address stated herein or any othcr addrcss lender designales by nolicc 10 Borrowcr. Any nOlice <br />provided for in this Security Instrumenl shall be deemed to have been glvcn 10 Borrower or Lendcr when givcn as provided <br />in this paragraph. <br />15. Go.emina Law; Sennblllty, This Securily Inslrumenl shall be governed by fedcrallaw and thc law ofthc <br />jurisdiction in which thc Property is localed. In the cvcnt Ihal any provision or c1ausc of this Securily Inslrumcnl or thc <br />Note confticts with applicable law. such conftict shall nol aWecl othcr provisions of Ihis Security Instrumenl or the Notc <br />which can be given elfecl withoul the conftictinll provision. To Ihis cnd thc provISIons of this Security Instrumenl and thc <br />Notc are declared to be severable. <br />16, Borrower'. Copy. Borrower shall be givcn one conformed copy of the NOlc and oflhis Securily Inslrument. <br />17. Trauier 01 tbe Property or a Beneficial Interest In Borrower. If all or any part of Ihc Propeny or any <br />interest in it is sold or transferred (or if a beneficial interesl in Borrower IS wid or Iransfcrred and Borrowcr is nOI a natural <br />penon) without Lender's prior wriUen consent. Lendcr may. allls oplllln. requm: Immediate paymcnl in full of all sums <br />secured by this Security Instrument. Howeycr. Ihis oplion shall nol be cxcrcl!icd by lendcr if excrcise is prohibited by <br />fedcrallaw as of the dale of this Security Instrumenl. <br />If Lender exercises this option, Lender shllllgivc Borrower nouce of accelerallon. The nOlice shall provide a period <br />of not less than JO days from the date the notice is dclivered or mailed wllhin which Borrowcr musl pay all sums secured by <br />Ihis Security Inltrumenl. If Borrower fails 10 pay these sums pnor 10 the ellptrallon of Ihis period, Lcndcr may mvoke any <br />remedies permiued by this Securily Instrumcnl wilhoUl further nollcc or demand on Borrower. <br />II. Borrower', Rlatat to ReiUlilte, If Borrower meels ccrlam condlllOns, Borrowcr shall havc Ihc nghtto havc <br />enforcement of this Security Instrumenl disconlinued at any lime pnor 10 the earlier of: (al 5 days (or such olhcr period as <br />applicable la9! may specify for rcillstalcmcnl) before sale of Ihe I'roperly l1unuant 10 any power of SIIle con tamed in Ihis <br />Security Instrument; or (b) entry of a jud.mcnl enforcinllhls Securlly IMtrumcnl Those condillons are Ihal Borrowcr: <br />(a) pays Lender alllums which Ihen would be due under Ihis Securlly Irl\lrUmCnl and the Nole had no acceleralion <br />occurred; (b) curCi any default of any other covenanls or a,reemenll; 1"1 pays all eJlpcn"'~ Incurred in en rorci nil this <br />SecurilY Inslrument. includinl, bUI nOI limiled to, reasonable attorncys' fee., and (dl take!> sue-h action as lendcr may <br />reuonably require 10 Ulure lhal Ihe lien of this Security Instrumcnl, lender's nthts In Ihe I'ropeny and Borrower's <br />obIiphon 10 pay the IUlns secured by th.s Security Instrument shall conllnue unchanted. Upon relnslalemenl by <br />Borrower. Ihis Security Instrument and Ihe obU.alions 1ItC'!Jred hcreby shall remain fully effectIve liS I' nn Rce'c1erollllJl had <br />occurred, H01We\ler. th.s "Ilhllo reins late shall nOlapply m the case of accelerllllOJl under parallrarhs 1.1 '" 17 <br />
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