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88105275
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88105275
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Last modified
3/9/2007 5:41:43 PM
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3/9/2007 4:41:32 AM
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DEEDS
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88105275
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<br />88- 105275 <br /> <br />If Lender required mongage insurance as a condition or making lhe loon secured by lhis Security Inslrumenl, <br />Borrower shall pay the premiums required to maintain the insurance in elfecl until such lime as the requirement for the <br />insurance lennin.les in accordance with Borrower's Bnd Lender's written agreement or applicable law. <br />8, IIIIpOCtiOD. Lender or its agent may make reasonable entries upon snd inspections or the Propeny, Lender <br />shall give Borrower notice allhe lime or or prior to an inspection specifying reasonsble cause ror the inspection, <br />9. CoadeDlDltlon. The proceeds or any award or claim for domages, direct or consequential, in connection with <br />any condemnstion or other laking of any pan or the Propeny, or for con.eyonce in lieu of condemnalion, are hereby <br />assigned and shall he paid to Lender. <br />In the e.ent of a lotallaking of the Propeny, the proceeds shan he applied to the sums secured by this Security <br />Instrument, whether or notlhen due, with any excess paid to Borrower, In the e.ent or 0 portial taking of the Propeny, <br />unless Borrower and Lender otherwise oaree In wrillng, the sums secured hy this Security Instrument shall he redueed by <br />the amount of Ihe proceeds mulllplied by Ihe fonowing rraction: (a) the totol omount of the sums secured immediately <br />before the taking, divided by (b) Ihe rair market value of the Properly immediately herore the taking, Any balance shall he <br />paid to Borrower, <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofl'~rs .to <br />make an award or settle a claim for damages. Borrower fails [0 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 oflhc Property or <br />to the sums secured by this Security Instrument. whether or not then due. . <br />Unless Lender and Borrower olherwise oaree in writing, any spplication or proceeds to principal sholl not eXlend or <br />postpone the due date ofthe monthly paymenlS referred 10 in paragraphs I and 2 or change the amount of such paymenls. <br />10. Borrower Not Released; Forbearance 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 !iobility orthe original Borrower or Borrower's successors in interest. <br />Lender shaU not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modiry amonizallon oflhe sums secured by this Security Instrument by reason or any demond made <br />by the origina) Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not hea wai.er of or preclude the exercise of any right or remedy. <br />JJ. Sueceaon ODd AaiIlDB BoUDd; Joint ODd S..erai U.bility; Co-sIgners. The covenants and agreements of <br />this Security Instrumenl shall bind ond benefit thesuceessors and ossigns of Lender and Borrower, suhject to lhe pro.isions <br />or paragraph 17, Borrower's covenants and agreements sholl hejointand several. Any Borrower who co-signs this Security <br />Instrumenl bUl does not execute the NOIe: (8) is co-signing tbis Security Instrument only to mortgage, grant and convey <br />that BolT()wer's interest in the Property under the tenns of this Security Instrument; (b) is not 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 terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />U. Loon CMrges. rr lhe loon secured by this Security Instrument is subject to 0 law which sets maximum loon <br />charges, and that law is finally interpreted so that the interest or olher loan charges conecled or to he conected in <br />connecllon with the loan exceed the permilled limilS, lhen: (a) any such loan charge shall he reduced by the amount <br />necessary to reduce the charge to the permilled limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will he refunded to Borrower, Lender may choose to make this refund by reducing lhc principal owed <br />under the Note or by making a direct payment to Borrower. rr 0 refund reduces principal, the reduction will he treated as a <br />partial prepayment without any prepoyment charge under the Note. <br />13. Legislation AffectiDg Lender's Rights. rr enactment or expIration or applicable laws has the elfect or <br />rendering any provision of the 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 />permilled by paragrapb 19. IrLender exercises lhis oplion, Lender sholl lake the steps specified in the second paragraph of <br />paragraph 17. <br />14~ Notices. Any notice to Borrower provided for in this Security Instrument shaH be given by delivering it or by <br />mailing it by first c.... mail unless applicable law requires use or another method. The notice shall he directed to the <br />Property Address or any other address Borrower designates by notice to 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 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 parograph. <br />15. GoYeming Law; Snerablllty. This Security Instrument shall he governed by rederallaw and the law of the <br />jurisdiction in which the Propeny is located. In the evenl that any provision or clause of this Security Instrument or the <br />Note eonllicts with applicable law. such conftict shall not affect other provisions or this Securily Instrument or the NOle <br />which can be given df'ect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared 10 he severable. <br />16. Borrower's Copy~ Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17.. Tnmsfer of the Property or a Beneficla.l Interest 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 nalUraJ <br />person) withoUl Lender's prior wrillen consen~ Lender may, 01 its option. require immediole payment in run or all sums <br />secured by this Security InstrumenL However, this option shall not he exercised hy Lender ir exercise is prohibited by <br />federa1law os oftbe date orthis Security InstrumenL <br />If Lender exercises this option, Lender sbalJ give Borrower notice of acceleration. The notice shall provide a period <br />of Dot less than 30days from the date the notice is ddivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without funher notice or demand on Borrower. <br />18. ~I JUabllo RdD5late. If Borrower meets certain conditions, Borrower shaH have the right 10 ha\'c <br />enforcanent orthis Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period a!. <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power or sale contained in Ihis <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are Ihat Borrower; <br />(a) pays Lender all 5u..~ which then would be due under this Security Instrument and the Norc had no acceleration <br />occum:d; (b) cures any default of any olher covenants or agreements; (c) pays all expenses Incurred in enforCing lhl~ <br />Security Instrument.. including. but not limited to. reasonable attorneys' fees; and Cd) takes such acllon a~ Lender may <br />reasonably require 10 assure that the lien of this Security Instrument, Lender's nghts in the Property and Dorrower"r. <br />obIip.tion 10 pay the sums secured by this Security Instrument s.hall contlDue unchanged. Upon rem~talemem b~ <br />Bom:nr.rcr, this Security Instrument and tbe obligations secured hereby shall remam fully etrecll~'C a\ Ir no accclerauon had <br />occurred. However.tbis rigbt to reinstate shall nOI apply In the case of acceleration under p&nagraph!l 13 Of 17 <br />
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