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88104645
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88104645
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Last modified
3/11/2009 3:58:29 PM
Creation date
3/9/2007 4:40:03 AM
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DEEDS
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88104645
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<br />88- 104645 <br /> <br />If Lender required monglge insurance ... I condition of mlking the lOin ...ured hy Ihis Security Instrument, <br />Bon-ower shill pay the premiums required 10 mlintain tbe insurlnce in etrect until such time IS the requirement for the <br />insurance lc~initcs in Ic;ordance with Borrower'. and Lender's written agreement or applicable law. <br />a. laspICIIaD. Lender or il5 Igent may mike reasonlble entries upon Ind inspections of the Propeny. Lender <br />shaJlaive Borrower notice at the time Dfor prior to an inspection specifying reasonable cause for the inspection. <br />9. Coademnallon. The proceeds of any lward or claim for damlges, direct or consequenlial, in connection with <br />any condemnation or otber taking of Bny part of the Propeny. or for conveyance in lieu of condemnation, are hereby <br />usil1led and shaD be paid to Lender. <br />In the event of I toll! taldnS of the Property, the proceeds shall be applied to the sums secured by this Security <br />Iostrument, whetlter nr not then due, with any excess paid to Borrower. In Ihe evenl of a panialtaking of the Propeny, <br />unless Borrower and Lender otherwise agree in writing, Ibe sums secured by this Security Instrument shall be redneed hy <br />the amount nf the proeeeds multiplied by the following fraction: (a) the total amount of the sums secured immedlalely <br />before the taldnS, divided by (b) the fair market value of the Propeny immediately before the ..klnS' Any balance shall be <br />paid to Borrower. <br />If the Property is lbandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor otre.. to <br />make an award or settle a claim for damages. Borrower rails to respond to Lender within 30 days after the dale the notice is <br />given. Lender is luthGr".zed 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 paymenl5 referred 10 in parasraPhs I and 2 ~r change the amount of such payments. <br />10. Bono..er Nol ReI....t; FDIileannee By Lender Nol I Wainr. Extension of the time for payment or <br />modification of amonization 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 interest. <br />Lender shaD not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amonization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's SUccessoR in interest. Any forbearance by Lender in exerei'iing any right or remedy <br />shall not be I waiver of or preclude the e.erciJe of Iny riSht or remedy. <br />II. s-n ud AIai&nI BouDII; Joint aad Sennl UablUty; Co-slIPl.... The covenants and ogreemenl5 of <br />this Security WtruJDellt &hall bind and benefit the successors and assigns ofLcndcr and Borrower, subject to 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 man gage. grant and convey <br />that Borrower', inteRSt in the Propeny under the terms of this Security Instrument: (b) is not personally obligated to pay <br />the Slllm secured by this Security lostrnment; and (e) agrees that Lender and any other Borrower may agree to e..end. <br />modify. forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrow~s COJ".JeI'It. <br />12. Lou <::IIar1la- If the loan secured by this Security Instrument is suhject to a law which"l5 masimum loan <br />charges, and lhat law is finally interpreted so th.1 the interesl or other loan charges collecled or tn be collected in <br />conneclion with the loan exceed lhe permil1ed limil5, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permilled limit; and (b) any 5Ums already collected from Borrower whieh exceeded <br />permitted limits will be refunded to Borrower. Lender may chClOK to make this refund by reducing Ihe principal owed <br />under 1be Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as 8 <br />partial prepayment without any prepayment chuse under the No'e. <br />13. LelillalloD "JfeclIDI LeaIIer'. RJabIl. If enactment or expiration of applicahie laws h... the effect of <br />renderinaany provision of the Note or this Security Instrument unenforceable according 10 its tenns, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Securily Inslrument and may invoke any remedies <br />pennilled by pIfI&11lph 19. If Lender exercises lhis option, Lender shall take the steps spe<:ified in the second paraSraph of <br />paragraph 17. <br />14, NoticeI. Any notice to Borrower provided for in this Security Instrumenl shall be given by delivering it or by <br />mailing il by fint class mail unless applicable 10.. requires use of another method. The notice shall be dtrected to the <br />Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender sh.1I be siven by <br />first class mail to Lender's address staled herein or any other address Lender designatcs by nolice 10 Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this pIfI&11lpb. <br />IS. GoYer1llq Law; Se,erablllty. This Security lostrument shall be soverned hy federal law and the I.w of the <br />jurisdiction in which the Propcny is toealcd. In (he event tbat any provision or clause of this Security Instrument or the <br />Note conIlicts with applicable law. such cantliel shall not deet other provisions ofthis Security Instrument or the Note <br />wbich can be given c:fI'ect without the confticting provision. To this end the provisions of this Security Instrument and the <br />Nnte are dec1ared to be severable. <br />16. Bornnrer'I: eo".. Borrower shall be given one conformed copy of the Note and oflhis Security Instrument. <br />17. TraaIer of.... P--'Y or. Beaeliclallaterest in Borro"er. If.1I or any pan of the propeny or any <br />interest in it isJOId or transferred (or if a beneficial interest in Borrower 15 sold or transferred and Borrower is not a natural <br />person) without Lender's prior written comcnl. Lender may, al itlL option. requlrc immediate payment in full of all sums <br />secured by this Security InstrumenL However, this option shall nol be excrcised by Lender if cxercise is prohibited by <br />federalla.. II oftbe dateofthis Security Instrumen.. <br />If Lender caadlc5this option, Lender .hall Jive Borrower nollce of acceleration. The notice shall provide II period <br />of not 15 than 30 days from the date the notice is delivered or mailed wllhm which Borrower must pay all !'ums secured by <br />this Security llIIU'UIneIlt. :r Bcrrower fails 10 pIIy these sumi pnor 10 the CJ.plralion of this period, Lender may invoke any <br />rmled.ics permitted by this Security Instrument withou! fun her nollce or demand on Borrower. <br />II. Berrower'. JtIaId to ReiaItate.. If Borrower meets cenam conditIOns, BorrO\\ler shall halo/e the nght to have <br />enforcement oI'this Security Instrument discontinued al any tune pnor to thl: earlier of: (a) 5 days (or such other penod as <br />ilpplicable law may specify for mMlatcmern) before sale of the Propcny pursuanl 10 any power of sale con.ained In thl!. <br />Securiry IDllrwnent; or Cb) entry of a judJlllcnt cnfomn. thiS Security Instrument. Thos.c condl1lons arc that Borrower; <br />fa) pliYS l...awkr all sums which then would Ix due under IhlS 5ccurily Instrumenl and the Note had no acceleration <br />occurreri; (b) Cu.n5 any *"ault of IJ1Y other covenlnt.' or qreements; (c) pays all e1penSC'!o Incurred m enforcln8 thiS <br />Security lnsI:rumall, locludina. but not bmned la, renonablc attorneys' reo; and (d) lake. such action as Lender ma)' <br />reuonably require 10 anuee that tbe hen of Ihu, Security In'trument, Lender', nghl!o In Ihe Property and Borrower's <br />obllptlon 10 pay 1M lWIII teCured b)' thl' Seeunt)' Inltrument .hall conllnue unchanged. Upon remslalnnenl by <br />Borrower, thll Scr;unty Inltrument and the obbplJOMlCII:urcd hereby ,hall fefRaln fully I:rrcctl1o'C as If no accelerallon had <br />occurred H~er, thiS nahlto ra",..telhaJI not apply In the cue of acceleration under paragraph!> I J or 17 <br />
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