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88103478
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88103478
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Last modified
3/9/2007 5:41:27 PM
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3/9/2007 4:37:09 AM
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DEEDS
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88103478
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<br />88- 103478 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower:~haI. I pa)\}hepremillms required to maintain the insurance in effect until such time as the requirement for the <br />insuranCe t#.a~ in accordance with Borrower's and Lender's written agreement or applicable law. <br />. 8. ,~Oa.. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Coademnadon. The proceeds of any award or claim for damages, direct or consequential. in connection with <br />any conden1Jlation or other taking 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 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 Property, <br />unless 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) the 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 Propr.!rty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor oWen 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 restoration or repair of the 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 monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Not Re1eued; ForllearaDce By Lender Not . 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 s.JCCeSSOr in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall nOI be required to commence proceedings against 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 waiverofor preclude the exm:ise of any right or remedy. <br />IL ~ ad AlII.... Baud; JoiDt ad SnerallJabillty; Co-tiRJIerl. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and Bssigns of Lender and Borrower, subject to the provisions <br />of parqraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Securily <br />Instrument but does not eJIllCUte the Note: (a) is c:o-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 obligaled to pay <br />the sums secured by this Security Instrument; and (0) agrees that Lender and any other Borrower may agree to extend. <br />modify. forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note withoul <br />that Borrower's consent. <br />U. Lau 0IarJeL 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 />cormection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charp to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose 10 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 prepaymeut without any prepayment charJe under the Note. <br />13. '.....- Atrecdq Lender'. IUP1L If enactment or expiration of applicable laws has the dl'ect of <br />renderina any provision of the Note or this Security Instrument unenforceable according to its terms. Lender. al its option. <br />may Rquire immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by parqraph 19. If Lender exercises this option. Lender shall take the steps specified in the second parapaph of <br />parqraph 17. <br />14. Nodas. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailinS it by first class mail unIes!; applicable law requires use of another method. The notice shall be direcled to Ihe <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be givm 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 givm as provided <br />in this parqraph. <br />15. Gous~ UW; SeYerabillty. This Security Instrument shall be governed by federal law and the law of the <br />jurildK:tion in which the Property is localed. In the event that any provision or clause of Ihis Security Inslrument or the <br />Note CIOIIIIicts with applicable law. such conflict shall not dect other provisions of this Securily Instrument or Ihe Note <br />which can be liven dl'ect withoul the confticting provision. To this end the provisions of Ihis Security Instrument and lhe <br />Note 1ft declared to be leVerable. <br />16. Bou...... eo". Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />1'7. Tl'Ulfer of tI1e Pn,erty or a BeI1e8cial IBterest in Borrower. If all or any part of the Propcny or any <br />inlerell 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) witbout Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums <br />teCUred by tbis Security Instrument. However. this option shall not be exercised by Lender if uercise is prohibiled by <br />federal law as oftbe date of'this Security Instrument. <br />If Lender ellercises this option, Lender sltall give Borrower nOlice of acceleralion. The notice shall provide a period <br />of DOC IcI& than 30 days from the date the notice is delivered or mailed wilhin which Borrower must pay allliums secured by <br />Ibis Security Instrument. If Borrower fails to pay these sums prior 10 Ihe expiration of this period, Lender may invoke any <br />remedia permitted by tbis Security Instrument withoul further notice or demand on Borrower. <br />IL ......... RIPt 10 Retatate. If Bof'l'OWCl' meets cenain conditions. Borrower shall have the riShl to have <br />enforcemenl of this Security Instrument disc:ontinued at any time prior to the earlier of: (a) 5 days (or such olher period as <br />applicable law may specify for reilllllatement) before sale of the Propcny pursuanl to any power of sale contained in Ihis <br />Security IlISInament; or (b) enlry of a judJment enforcins this SecurilY Instrument. Those conditions an: that Borrower: <br />(I) pays Leftckr all sums ....hich then would be due under this Securily InSlrument and the Note had no acceleralion <br />occurred; (b) cum any default of any other COYeIIants or aan:emenls; (c) rays all ellpenses incurred in enforcin,lhis <br />Sec:vrity IMlrument. anc:ludin,. but not limiled 10. reatonable allorneys' fees; and (d) lakes such aclion as Lender may <br />~bly require 10 _ure that the lien of this Securily Instrumenl. Lender', nlhts in Ihe Propcny and Borrower'~ <br />obIiplion to pay the sums ICCUred by Ihis Security Inltrumcnl ,hall conllnue unchan~ Upon reinstalcmcnt b)' <br />1Jormwer. thIS Security Inutumenl and the obliplJonllleCured hereby shall r~maan fully elrecllve u if no accelerallon had <br />oc:curred. Howe\'er.lhk nabt toretnualeshall nOlapply In thec:..eohccelerauon und~r paral!raph~ IJ or 17 <br />
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