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88104976
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88104976
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Last modified
3/9/2007 5:41:40 PM
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3/9/2007 4:40:49 AM
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DEEDS
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88104976
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<br />88- 104976 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security lostrume"nt, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time os the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. 'Lender o'r its agent mllY make reasonable entries upon and inspections of the Property. lender <br />shall give Borrower notice at the tim~.of oc prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />no)" condemnation or other taking of any part of Ihe Properly, or for conveyance in lieu of condemnation. are hereby <br />assigned and shall be paid 10 Lender. <br />In the evenl of a total taking of the Property, the proceeds shall be applied 10 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 Sc:curity Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fmction: (n) the total amount of the sums .secured immediately <br />before lhe taking, divided by (b) the rair market value oflhe 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 offers 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 ProperlY or <br />to the sums secured by this SecurilY Instrumenl. whelher 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 paymenls, <br />10. Borrower Nor Releasedj Forbearance By Lender. Nor a 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 successor in <br />interest of Borrower shall not operate la-release the liability of the original Borrower or Borrower's succes.",ors in interesl. <br />Lender shall not be required to commence proceedings against any successor in interesl or refuse 10 extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrumenl by reason or any do:mlmd 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 Ihe exercise of any right or remedy. <br />11. Su~cessors and Assigns Bound; Joint and Several LiabilitYi Co-signers. The covenants and agreements of <br />this Security Instrumenl shall bind and benefil the successors and assigns of Lender and Borrower. subject 10 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 Ihis Security Instrumenl only to mortgage, granl and convey <br />that Borrower's interest in the Property under Ihe lerms of thls Securily Instrument; (b) is nol personally obligaled 10 pay <br />the sums secured by this Security Instrumenl; 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 this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrumenl is subject to u law which sets maximum loan <br />.charges. and that law is finally interpreted so thai the interest or other 101m churges collected or 10 be collected in <br />connection with the loan exceed the pel!initted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce Ihe charge to Ihe permitted limit; and (b) any sums already collected from Borrower which exceeded <br />raermiUed limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the N~t~ nr by making a direct payment to Borrower, If a refund reduces principal, the reduclion will be trealed as a <br />partial prepayment withOUt ..~~ !lrepaymenl charge under the Nole. <br />1~. Legislation Affecting Lenoi;-'o;: Rights. If enactment or expiration of applicable laws has the effect of <br />rendc:ring any provision of the Note or this SecUnty :~..trumenl unenforceable according 10 its terms, Lender, a1 its option, <br />may require immediate payment in full of all sums secureri ~:;" 'his Security Instrument and may hl\1oke any remedies <br />permitted by paragraph 19. If lender exercises this option. Lender shali I"'~" the steps specified in 1he secon,j paragraph of <br />parasraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Inslrument shal1l..~ ziven by delive. ing it or by <br />mailing it by first class mail unless applicable Jaw requires use of another method. The notice sil.:.IJ be directed 10 Ihe <br />Property Address or 8QY other address Borrower designates by norice 10 Lender. Any notice 10 Lender .:ltall be given by <br />first class mail ro lender's address srated herein or any other address L.ender designates by nmice to Borrowcl Any notice <br />provided for in this Security Instrument shall be deemed to have been given 10 Borrower or Lender when given a~ !Jrovided <br />in Ihis paragraph. <br />15. Governing Law; Severability. This Security Instrumenl shall be governed by federullaw and Ihe luw or the <br />jurisdittion in which the Property is located, In the event that any provision or clause of this Security Instrument or ti~e <br />Note conflicts with applicable law, such conflict shall not affect other provisions of Ihis Security Instrumenl or 1he N~t~ <br />which call be given effect without the conflicting provision. To Ihis end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Rcneficial Interest in Borrower. If all or an)' part of lhe Property or any <br />inlerest in jt is sold or transferred (or if a beneficial interest in Borrower is sold or lransferred and Borrower is not a natuml <br />person) without Lender's prior wrillen consent,. Lender may, at ils option. require immediate paymenl in full of all sums <br />secured by this Security Instrument, However. this oplion shall not be exercised by L.ender if t:'xercise is prohihited by <br />federal law asoftbedate of this Security Instrument. <br />If I..ender exercises this option, Lender shall give Borrower nOlice of acceh:rarion. Tl1c notice shall provide a period <br />of not less than 30 days from the date the nOlice is delivered or mailed within which Borrower musr puy all !\ums !\ccurc:d by <br />this Security InstrumenL If Borrower rail, 10 pay these sums prior to the expiration ofthi, period, Lender may invnke un)' <br />remedies permitted by this Security IJl5trumcnt without fu"her notice or demand on normwer. <br />18. Borrower's RiahllD Reinstate. If Borrower meets cenain conditions, Borrower shall have the right to have <br />enforcemenl of this Security Instrument discondnued at any time prior to the earlier of: (a) 5 da}'!'t (or !'tuch ntht:r period us <br />applicable law may specify for rein~ralement) before sale of the Property pursuant 10 un)' power uf ~ulc cnI1lained in Ihi~ <br />Securily Instrumenl; or (b) entry of a judgment enforcing Ihis Sccuril)' Instrumenl. Those conditions are lhal Borrower: <br />(a) pays Lender all sumff which then would be due under Ihiff Security Inslrumenl and the Note had no ac(t:'lcral1tll1 <br />occurred; (b) cures any default of any other covenants or agreement!!.; (c) pays all CXPCI1!'<oC" IIIcurrc:d III cnforclIlg 11m <br />Security Inslrumenl, inclUding. bUI not limited to. rca~onable llltOrneY!i' fet!s; nnd td} lUke.. ~uch action ll!\ Lender JI1U~ <br />reas.onably r~uirc to u!tsure Ihat Ihe: lien or Ihi!t Sccurit}, Instrumenl, Lender'" nght~ In the Prol'crl} and Bnrrowcr\ <br />obhplion to pay the ..urns. \CCured b)' this. Security Instrumenl ..haJJ nmtmuc unchanged L'pc.lII n.'m..luleJt1cnl h) <br />Borru.....rf. Ihl!lo Seeunl). In!ttrumcnl and the ohligalion!t !tccured hereby !Iohall remulJl full) dTeell\c;I.. If 1111 .h.:t.:dcrallnn h~ld <br />l)f,;l-urra! Ilo"c"'..cr. Ihl" nght 10 n:in\talc \han nol apply 10 lhe L'a!\C of ac&:ch:ratulII unde, rarll~raph, , , 1'1 \.. <br /> <br />"1 . <br />
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