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88105296
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88105296
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Last modified
3/9/2007 5:41:43 PM
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3/9/2007 4:41:35 AM
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DEEDS
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88105296
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<br />88- 105296 <br /> <br />If Lender required mortgage insurance us n condition (If muking the lonn secured by this Security Instrument. <br />Borrower shall pay Ihe premiums required to maintain the insurance in effect unli1 such time us the requirement for the <br />insurance terminates in accordance with Borrower's and Lcnder's wriuen agreement Of applicable Inw. <br />8. Inspection. Lender or its agent mny make reasonable entries upon and inspections of the Prcperty. Lender <br />shall gi\'c Borrower notice at the time of or prior 10 an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for dornases, direcl or consequential, in connection with <br />any condemnation or other taking of any part of the Properly. or for conveyance in lieu of condemnation. are hereby <br />assigned and shall be paid to Lender. <br />[n the event of a tolal taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any exeess paid to Borrower. In the event of a partinltaking of the Property, <br />unless Borrower Ilnd Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before tne taking, divided by (b) the fnir market value of the Properly immediately before the laking. Any balance sholl be <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower thai the condemnor offers to <br />make on award or scule a claim for damages, Borrower faiJs to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collecl and apply the proceeds, at its option. either 10 restoration or repair of the Property or <br />to the sums secured by this Security Instrument, whether or not Ihen 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 1 and 2 or change the amount of such payments. <br />10. Borrower Not Releasedj Forbearance By Lender Not II Waher. 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 original Borrower or Borrower's successors in interest, <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization cfthe sums secured by this SecurilY Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbe-,uance 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. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shan bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions <br />ofpllragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />In~lrument but does not execute the Note: (n) is co.!;igning this Security Imilrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms 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 llny other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to Ihe term~ IIf this Security Instrument or the Note without <br />that Borrower's consent. <br />12, Loan Charges. If the loan secured by this Security Instrument is subject 10 a law which sets maximum loan <br />charl:;t:S, and that law is finally interpreted so that the interest or other loan charges collected or 10 be collected in <br />connection wilh the loan exceed the permitted limits, then: (u) nn)' such loall charge shall be reduced by Ihe amount <br />necessary to reduce the charge to the permitted limit: and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund hy reducing the principal owed <br />under the Note or by making n direct payment to Borrower. Ifa refund rc..-duces principal. the reduction will be treated as a <br />panial prepayment without Ilny prepRyment charge under the Note <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws hu.'i the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable l.Il.::cording to its terms, Lender. at its option, <br />may require immediate payment in full of all sums secured hy 11m, Securily Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this oprion. Lender shall take the steps specified in Ihe second paragraph of <br />paragraph 11. <br />14. Notices. Any notice 10 Borrower provided for in 11m. Security lnstrument shall be given by delivering it or by <br />mailing it by firsl class mail unless applicable law require~ use of another melhod. The notice shall be directed to the <br />Property Address or any other address Borrower designates hy notice 10 Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other !lddres~ Lender de!o.ignatcs by notice to Borrower. Any notice <br />provided for in this Security InSlrument shall be deemed 10 huve been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security In~lrumenl ~hall he governed hy federal law and the law of the <br />jurisdiction in which the Property is localed. In the event Ihat any pnwl~i(ln or clau!o.e of Ihis Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affecl other prn\'l..iom of 1111'" Security Instrument or the Note <br />which can be given effect without the conflicting provision. To thi!o. end the prO\'I"IOI1' of Ihis Security Inslrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed ClIP) of the Note ilnd of thi~ Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in norruwer. If all or any part of the Property or uny <br />inlerest in it i.o;; sold or lransferred (or if a beneficial interest in Borrower I" ..old or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may. al it\ option, require Immediate payment in full of all sums <br />secured by this Security lnstrumenl. However. this option ..hall nol he e~elci\ed hy Lender If exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower l1olll:e of accc!eralloll. The nollce \hull provide It period <br />of not less Ihan 30 days frum Ihe date the notice is delivered or mailed "ilhlll which Uorrower mU"'1 pay all sums secured hy <br />thi!) Security Instrument. If Borrower fails to pay Ihese sums prior Illlhe explrutull111f tlw. pennd. Lender may invoke any <br />remedies permitted b)' this Security Instrumenl without further noUce or demand on Borrower <br />18. Borrower's Right to Reinstate. If Borrower meets cenain cllnditlol1\. Borrower ..hall halo'l: Ihe nght 10 have <br />enforcement of this Secunty Instrument discontinued at any lime prior 10 the curlier of (11) 5 day\ (or 'ouch olher penod J.l!oo <br />applicable law may specify for reinstalement) before !>ale of 1h~ Properly pursuant 10 i1ny p\lwcr nf 'ollie l:ontaincd III Ihi~ <br />Security In!o1rumenl; or (b) enlT) of a Judgment enforcing Ihl~ Sccunly In'trulIICll1 1'hO'l' \.;'/1l1dlllO"" arc thai Borrower. <br />(a) pay... Lender 311 ..urns which Ihen would be due under thi" Security In"trunlt:nl and Ihe Noll' had no llccclerallOn <br />l'ICCurred: (b) cure~ lIn}' derault of any other t'nveDlmt~ or agreemenl', ll.: I paY" all c'pen"l'" IIlcurred 111 l'nrorc!l1g tillS <br />Secunl)' In~ITument, IIIdudlllg. hUI nol limited 10. rI.'asonahh: \lIlUfTlC}'" (ct..... and (d) Hll..e.. ..u...:h th.'II1H1 a" Lender ma) <br />r~onahl) requlfI: tn iL<;'!'oure that the hen of Ihl... Secunt~ In"lrutllenl, I.l'nder'.. n~lll" 10 Ihe Pnlperl... and Bnrrnwer'.. <br />nbhgullun 10 PiS) Ihe ...um.. 'ecurl:d hy Ihl!o. Sscunty In..trunu:nl ,hall ~.IIIIIHllll' unL'ilal1l!l'd ('1'011 rt.lII,tatllllelll t-.~ <br />B{lrT'll4cr, 11m Sccunl) In..trumenl and Ihe llhhltiltlUIl.. ,e...url'd hl'n'h~ ..h.111 tc:malTl full\ drt'\.ll\ t. .1" 11 n".h ~ e1tOI ,II hIll had <br />........urrc-d Hnl4c"'cr, thl\ n(l:hl In rcm..tale ..hall nnt ltppl~ 1Il1hr c ,I't' "I ,h. toll'l ,tll< 'II llTHkr 1':11 .I~I arh, l' ,'I I ~ <br />
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