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88104904
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88104904
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Last modified
3/9/2007 5:41:40 PM
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3/9/2007 4:40:40 AM
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DEEDS
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88104904
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<br />88- 104904 <br /> <br />If ~er required mOrlglle insurance as a condition of making the loan secured by this Security Instrument. <br />Borrower shall pay Ihe premiums required 10' maintain the insurance in effect until such time as the requirement for the <br />insurance tennin.res in accordance with, Borrower's and Lender's wrinen agreement or applicable law. <br />8, IlIIpeCtIon, Lender or ill "senlm"y mike reuonlbJe entries upon Ind inspeclions of Ihe Propeny. Lender <br />shall sive Borrower notice at the time of or prior to In inspection specifyinS reasonable cause for the inspection, <br />9, Condellllllltlon, The proceeds of Iny Iward or claim for dlmlSes. direcl or consequentill, in connection whh <br />any condemnalion or olher tlkinS of sny psn of the Propeny, or for conveyance in lieu of condemnllion, are hereby <br />assianed and shill be paid 10 Lender. <br />In the event of a total tlkins of the Propeny, the proceeds shsll be applied 10 the sums secured by this Security <br />Instrument. whether or not then due, with any ex.... paid to Borrower. In the evenl of a panial taking of the Propeny, <br />unless Borrower and Lender otherwise asree in wrilinS. the sums secured by Ihis Security Instrument shall be reduced by <br />Ihe Imount of the proceeds multiplied by Ihe followins fraction; (s) the tot.1 amount of the sums secured immedialely <br />before the tlkins. divided by (b) Ihe flir market value of the Propeny immedillely before the laking. Any balsnce shill be <br />paid to Borrower. <br />If the Propeny is abandoned by Borrower. aT if, after notice by Lender 10 Borrower that the condemnor offers 10 <br />make an award or settle 8 claim for damages. Borrower fails to respond to lender within 30 days aOer the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, al ilS option, either 10 restoration or repair of the Propeny or <br />10 the sums secured by this Security Instrument, whether or nolthen due. <br />Unless Lender and Borrower olherwise agree in writing, any applicalion ofprocecds to principBlshBII nol extend or <br />postpone the due dale oflhe monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Releued; Forbearanre By Lender Nol a Waiver, Extension of Ihe 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 shall nOI be required to commence proceedings against any successor in mleresl or refuse 10 extend time for <br />payment or otherwise modify amortization oflhe sums secured by Ihis Securily Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lencer in exercising any right or remedy <br />shaU nOI be a waiver of or preclude the exercise of any right or remedy. <br />II. Sacreaon and AulIPll Bound; Joint and Se,enl Liability; C....laners, The COYenants Ind asreements of <br />lhis SecurilY Inslrumenl shall bind and benefit the successors and ISsisns of lender and Borrower, subject 10 Ihe provisions <br />of paragraph 17. Borrower's covenanls and agreements shall bejoint and several. Any Borrower who co-signs this SecurilY <br />Instrument but does nol execute the NOle: (a) is CD-signing this Securily Inslrument only to mortgage, grant and convey <br />thai Borrower's interest in the Propeny under the terms of this Security Instrument; (b) 1S nol 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 lerms of Ihis Security Instrument or the Note without <br />that Borrower~s consent. <br />12, Loan C1laqeo, If Ihe loan secured by lhi. Security InSlrument is subject 10 I law which sets ml.imum loan <br />charses, Ind lhlt law i. finllly interpreted so Ibal the inleresl or olher lOin charges collected or 10 be collecled in <br />coMection with the loan uceed the permiued Hmits. then: (a) any such loan charge shaH be reduced by the amount <br />necessary to reduce the charge to the permitted limitj Bnd (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 makins I direcl payment 10 Borrowcr. If a refund reduces principal, the reduction will be lreated as a <br />partial prepayment withoul any prepayment charse under the NOle. <br />13a LealdatJOD All'eetial Lender'. Riabtl. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Inslrument unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this SecurilY Instrument and may invoke any remedies <br />pennilled by parasraph 19. If Lender e..rcisesthis option, lender shall take the S1eps specified in Ihe second parasraph of <br />plragraph 17. <br />14, Notices. AllY nOlice 10 Borrower provided for in Ihis Secunly Instrument shall be given by delivering it or by <br />mailing il by fint class mail unless applicable law requires use of another mclhod, The nolice shaH be directed 10 the <br />Propeny Address or any olher address Borrower designates by notice 10 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 nolice <br />provided for in Ihis Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this plr8grlph. <br />15. Gonl'lliaa Law; Set'erabUlty. This Security Instromenl shall be gOlo'erned by federal Jaw and the law of Ihe <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 afl'eet other provisions of this Security Instrument or the NOle <br />which can be given eft'~t without the conflicting pro\ision. To this end Ihe provisions of this Security Inslrumenl and lhe <br />NOle are declared 10 be ..".erabl.. <br />16. Borrower'. Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17, Tranoreo of the Property or I lleueflclll Interest In Borro..er. If all or any pan of the Property or any <br />intcn:st in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a nDtural <br />penon) without Lender's prior written consenl. Lender mllY, at its oplion. require immediate payment in full of all sums <br />secured by Ihis Security Instrument. However. this option shall nOI be e"erclsed by Lender if exercise is prohibited by <br />fed.... law ..orlhedale oflhis Security Instrumen!. <br />Jr Lender exercise this option. Lender shall give Borrower notice of acceleration. The notice shall provide B period <br />ofnOlless than 30days from the date the notice is delivered or mailed within which Borrower must pay all ~ums secured by <br />this Security Instrument. If Borrower fails to pay these sums pnor to the expiralion of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without funher nOlice or demand on Borrower. <br />Ila Borrower'. RiP!: to Reillltllte. If Borrower meets cenain conditions, Borrower shall have the rtght (0 have <br />enfon:anenl of this Security IMtrument discontinued at any time prior 10 th~ earlier of: fa) S days (or such other period as <br />applicable law may lpedf)' for reinstatement) before sale of the Property pursuanl 10 any power of sale contained in thiS <br />Security Inltrument; or (b) entry of I judgment enforcing this Securily lD5trumenl. Those conditlon!'i Bre thai Borrower. <br />(a) ~YJ. Lender aUlums ....hich then would be due under Ihis Security Instrumenl and the No[t' had no Bccclerallon <br />occurred; (b) cures Iny default of any other covenanls or agreements; (c) pay!t all expen~ Incurred In enforcmg Ihls <br />Securily Inltrument. including, but not limiled to, reasonable attorneys' reo; and (Ii) take!> ,uch action as lender may <br />R!UOftI.bly require to as~ure that the lien of this Security Instrument. Lender's "Rhts In Ihe Properly Bnd Dorrower\ <br />obIiplion to pay Ihe 'ums secured by Ihis Security Instrument ,han contmue unchanged. Ur.on remstalemenl by <br />Borrower. thIS Seeunt)' In'trument and the obliRltlon' lCCured hereby !ihall rrmam rully cffCCIl\'l:' a!o Ir no accelera[Jt)n hat..! <br /><<cuned. HO'Io'E\'t'I'.thil nllll to mOltlte-shall nol apply In the c~ or.ccelerauon under para!lrllrh~ I J or 11 <br />
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