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88105133
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88105133
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3/9/2007 5:41:42 PM
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3/9/2007 4:41:13 AM
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DEEDS
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88105133
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<br />88- 105133 <br /> <br />If Lender required mortgBge insurance as a condition of making the loan secured by this Security Inatrum.ent, <br />8orrowc;r shall pay the premiums required 10 maintain the insurance in efl'ect until such time 85 the requirement for the <br />insurance tCm1i~.tcs: in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. I~~D. 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. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with <br />any condemnation or other taking of Bny part of the Property. or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender, <br />In Ihe evenl of a lotal wing of Ihe Propeny. Ihe proceeds shall be applied to Ihe sums secured by Ihis Security <br />Instrument. whether or not then due, wilh my excess paid to Borrower, In the evenl of a panial taking of Ihe Property. <br />WlI... Borrower md Lender otherwise agree in writing, the sums secured by Ihis SecurilY Inslrumenl shall be reduced by <br />Ihe amounl of the proceeds multiplied by Ihe following fraction: (a) the total amounl of the sums secured immediately <br />before Ihe taking, divided by (b) the fair markel value of the Propeny immedialely beforelhe taking. Any balance shall be <br />paid 10 Borrower. <br />If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers 10 <br />make an award or settle B claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized 10 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 />poslponelhe doe dale of the monthly paymenlS referred 10 in paragraphs I and 2 or change Ihe amount of such payments, <br />10. Borro"er Not Released; Forbeanmee By Lender Nol 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 to release the liability of the origir.al Borrower or Borrower's successors in interest. <br />Lender shall not be: required to commence proceedings against any SUL .::essor in interest or refuse to extend time for <br />payment or otherwise modify amonization of the sums secured by this Scc....-:ty Instrument by reason of any demand made <br />by the original Borrower or Borrowefs successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Suceessors 8IId AsaIIlD5 BoDlld; Joinl 8IId Several Liability; Co-signers, The covenanls and agreemenlS of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender 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 cQoosigning this Security Instrument only to mongage, grant and convey <br />that Borrower's interest in the Propeny under the tenus or this Security Instrumentj (b) i5 not personally obligated to pay <br />the sums secured by Ihis Securily Inslrument; and (c) agrees thaI Lender and any other Borrower may agree to eXlend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12a LoaD Charaes. If the loan secured by tbis Security Instrument is subject to a law which sets maximum loan <br />charges, and tbat law is finally interpreted so tbat the interest or other loan cbarges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessalY 10 reduce the charge 10 Ihe pennilled Iimil; and (b) any sums already collecled from Borrower which exceeded <br />pennitled limits will be refunded to Borrower. Lender mllY choose to make this refund by reducing the principal owed <br />under the Note orby making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />""rlial prepaymenl without any prepayment charge under Ihe Note. <br />13. LegIslation Affecting Lender's Righta. If enactment or expiration of applieable laws has the eWect of <br />rendering any provision oftbe Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />pennilled by paragraph 19. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 17, <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Propeny Address or any other address Borrower designates by notiee 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 notice <br />provided for in this Security Instrument shaH be deemed to bave been given to Borrower or Lender when given as provided <br />in this paragraph. ' <br />15. Go"erning Law; Senrability. This Security Instrument shall be governed by federal law and the law of the <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 witb applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />wbich can be given effect witbout tbe conflicting provision. To this 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. Tf'llJlSfer of the Property or B Benefichillnterest in Borrower. If all or any part of the Property or any <br />interest 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 wrillen consent. Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall DOl be exercised by Lender if exercise is prohibited by <br />federal law as of the date oflhis SecurilY InslrumenL <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days 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 J'U\y tbese sums prior to the expiration of this perioo. Lender may invoke any <br />remedies pc:nnillcd by this Security Instrument without furthe!' notice or demand on Borrower. <br />18. Bono.er's Riabt to Relastate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforceme:1t of this Security Instrument discontinued at any time prior to the earlier of: (8) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of B judgment enforcing this Security Instrument. Those conditions arc that Borrower: <br />(a) pays Lender aU sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurredj (b) cures any default of any other covenants or agreementsj (c) pays all expenses incurred in enforcing this <br />Security Instrument.. including. but not limited to. reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender's nghts in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrumen! and the obliptions secured hereby shall remain fuJly effective as if no acceleration hod <br />occurred. However. this f",ht to reinstale sh.1l not apply 10 the casC' of accelerauon under paragraphs IJ or 17. <br />
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