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88105329
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88105329
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Last modified
3/9/2007 5:41:43 PM
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3/9/2007 4:41:40 AM
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DEEDS
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88105329
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<br />88-105329 <br /> <br />Ir Lender required monpJe insurance as a condition of making the loan secured by this Security Instrumen., <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance Icnninatcs m accordance with Borrower's and Lender's written agreement or applicable law. <br />I. ~" rJendCl'.or.iuqent m.y mike reISOnable enlries upon .nd inspeclion. of ,b. Property, Lender <br />shan IPve BOrro...... ~oll~ ill ~e tiin, of or prior to III inspecllon specifying reISOnable cau.. for the inspection, <br />9. ~." The proceeds of any award or claim for damages. direct or consequential, in connection with <br />any condannation or other taking of any pan of the Propeny, or for con\leyance in lieu of condemnation, arc hereby <br />assigned IIld shall be poid to Lender, <br />In the evenl of. total liking of Ihe Property, the proceeds shall be applied to the sums secured by this Security <br />InSlrumenl, ...hether or not then due, with lilY eJlcess poid to Borrower. In the event of a partial laldng of 'he Property, <br />unless Bo"""er IIld Lender otheJWi.. agree in writing, Ihe .ums secured by Ihis s.curily Instrument .hall be reduced by <br />the lInount of Ihe proceeds multiplied by Ihe following fraction, (a) th, total amoun' of the sums secured immedialcly <br />before ,he taking, divided by (b) the flir market value oflhe Propeny immediately before the liking. Any balance shall be <br />poid 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 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 Propeny 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 />postpone Ihe due date of the monthly poyments referred 10 in paragraphs I and 2 or change the amount of such payments. <br />10. Borrow.. Not Rdeaed; Forbearance By Leader Nol . WIIi..r. F.xtension of th, time for paymenl or <br />modification of .mortiZltion of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release tbe liability of the original Borrower or Borrower's succ:cssors in interest. <br />Lender 5ha.l1 not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or othe:rwiJc modify amonization oflhe sums &ccured by this Security Instrument by reason of any demand made <br />by rhe ori,prwBorroweror Borrower's SUccessoR in interest. Any forbearance by Lender in exercising any right or remedy <br />shall nol be a ...liver of or pra:lude the eJlercise of .ny righ' or remedy, <br />II. s.cc-..... AIIIps IIoud; Joblllllld s...n1 UaIli1lty; eo..itplen. The covenants and agr..ments of <br />thi5 Security Instrume:ntlhall bind and benefit the successors and assigns of Lender and Borrower. subject to the: provisions <br />ofplllllrBph 17, Borrower', CQvenanlJ IIld ogreomenlJ shall bejoint and ..veral, Any Borrower who co-signs Ihis Security <br />Instrument bul does not execute the Note: el) is C<Higning this Security Instrument only to mortgage. grant and convey <br />that Borro...er', interest in the Property under Ihe lenns of this Security Instrument; (b) is not personally obligaled to pay <br />the sums IOCUred by this Security Instrument; IIld Co) .g..... Ihal Lender and any other Borrower may agr.. to e"end, <br />modify, forbear or make any accommodallons with reprd to the terms of this Security Instrument or the Note without <br />that Bonower~s CODJeI1t. <br />U. Lou CIIaarIs. If the loan aecured by this Security Instrument is subject to a law which sets maximum Joan <br />charges. and that law is ftnally interpreted so that the interest or other loan chaTJcs collected or to be collected in <br />connection with the loan exceed the permitted limits. then: <a) any such Joan charge shall be reduced by the amount <br />necessary to reduce ,he charge to the pennined limil; IIld (b) .ny sums already collecled from Borrower which exceeded <br />pennined limits will be refunded to Borrower. Lender mlY ChOO5C to make this refund by reducing the principal owed <br />under the NOle or by making I direct payment to Borrower. If. refund reduces principal. the reduclion will be treated as a <br />partilli prepoyment without any prepoymen' charge under Ihc Note. <br />13. J..eabIatioe AlrectiD& Leader'. RJabta.. If enactment or expiration of applicable Jaws has the effect of <br />renderinl any provision o(the Note or tbis Security Instrument unenforceable according to its terms. Lender. at its option. <br />IDlY require immedialc poymen' in full of all sums secured by Ihis Secumy InSlrumenl and may invoke any remedies <br />pennitted by pIllIIrBpb 19. If Lender eJlcrei... Ihis option. Lender shllil tlke Ibe Slops specified in lhe second paragraph of <br />pIllIIrBph 17. <br />14. Notice:&. Any notice to Borrower provided for in this Security Instrument shall be given by deJivering it or by <br />mliling it by Iinl class mlil unless applicable law requires use of another method, The notic, sball b< directed '0 the <br />Property Address or lilY other address Borrower designales by notice 10 Lender, Any notice to Lender shall be given by <br />fint cIasa maitto Lender's address stated herein or any other address Lender designales by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to h....e been given to Borrower or Lender when given as provided <br />in !.his parqraph. <br />15. Goftnliq Law: s.......i1Ity. This Security Instrument shall be gov,med by federal Jaw and lhe law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of Ibis Security Instrument or the <br />Note conflicts with applicable law. such conflict shall not aJl'ect other prOVIsions of this Security Instrument or Ihe Note <br />which can be pven dl'ec1 without tbe confticting provision. To thiS end the provisions of this Security Instrument and the <br />Note are dec10red 10 be severable. <br />16. Borrower'. Copy. Borrower shall be given one conformed cop)' oflhe Note and of this Security Instrument. <br />17. Truafor or tile Pn>porty or . lleaellclal loler.., I. Borro...r. If all or any pan of Ibe Propeny or any <br />interest in it is sold or transferred (or if a beneficial interest.n Borrower IS sold or lransrerred and Borrower is nol a natura) <br />penon) witbout Lender's prior written consent. Lender may, at lis opllon. n:qulTe immediale paymenl in full of all sums <br />secured by this Security Instrument. However. this option shan nol be: exercised by Lender if exercIsc is prohibilc:d by <br />federalla..... orthedale of this Security Instrumenl. <br />If Lender exercises this optian, Lender shall give Borrower notice of acccleTllltion. The nolice shall provide a period <br />of not leu than 30 days from tbedale tbe notice is delivered or mailed within which Borrower musl pay all sums secured by <br />this Security luuument.IfBorrowerfaiJs to JJi8Y these sums prior to the expiration of this penod. Lender may invoke any <br />remedis permitted by this Security InstrUment wilhout funher notice or demand on Borrower <br />.1. 1Ionower'. RiP- to ReiaItate. If Borrower meets certain conditions. Borrower shall have the nghl to hue <br />cnfon:emmt ofthit Security Instrument discontinued at any time prior 10 Ihe earlier of: (aJ S days Cor such other pc:nod as <br />Ipplicable law may specify for reinstatement) before Kle of the Propeny pursuanl 10 any power of sale conlalDed In thiS <br />Security Instrument; or (b) entry of. judamcnt enforcinlthis Securily Instrument Those conditions are that Borrower: <br />Ca) ~YI Lender all gums which then would be due under Ihis Security Instrument and the NotC' had no acceleranon <br />occurred; (b) cures any default of any other CO\ienants or Igreements; (c) pa~ all eapense. Incurred m enforcing thu, <br />Security Instrument, Includinl. bUI not limited to. rasonlb~ luomeys' reo; and Cd) takes such acllon n Lender mlY <br />reuonably requi~ to Ulure that the lien of this Security Instrument. lender's nghlS In the Propeny Ind Borrower's <br />obhphon to pIIy the sums iCC"Und by Ihll Secunty Instrumenl ~halJ a:mtlnue unchanged. Upon remll.lernenl by <br />Bonuwer. thiS Sccunty Instrument Ind the obhpuonl secured hereby shall remlln fully effective as If no Iccclerauon hat.l <br />occurred However, thl. n,ht to mnstate shall not apply In the cue of acceleration under parlgrlph" 1.\ ur 17 <br />
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