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88105489
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88105489
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Last modified
3/9/2007 5:41:45 PM
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3/9/2007 4:42:03 AM
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DEEDS
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88105489
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<br />88- 105489 <br /> <br />If Lender required mortgage insuranl:c as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance tcnniDllcsin Iccordance with Borrower's and Lender's wrinen agreement or applicable law. <br />I. 11IIplICIloII. Lender or its agenl may make reasonable entries upon and inspections of t~e Propeny, Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CoDcIaaaadoD. The proceeds or any award or claim for damages. direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for convcyan;:c in lieu of condemnation, arc hereby <br />assigned and .hall be paid 10 Lender. <br />In lbe even. of a tolBltaking of the Propeny, the proceeds shall be applied to the sums secured by lhis Security <br />Instrument, whether or not then due, wilb any excess paid to Borrower, In the event of a parrial taking of the Propeny, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />lbe amounl of the proceed. multiplied by the following fraclion: (a) the total amount of the sums secured immediately <br />before the taking, divided by (b) lbe fair market value of the Property immediately before the takil18. 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 olrers to <br />make an award or settle a claim for damages. Borrower rails 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 tben due. <br />Unless Lender and Borrowl:r otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monlhly payments referred to in paragraphs] and 2 or change the amount of such payments. <br />10. Borrow.. Not Roleased; Forbearance By Lender Not. Wal.or. E,tension 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 ex.tend time for <br />payment or otherwise modifY 8D1onization of the sums secured by this Scc;urity Instrument by reason of any demand made <br />by the: original Barroweror Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall nol be B waiver of or preclude the exercise of any right or remedy. <br />11. Succaaon IIld AasilliUl Boullll; Jolnlllld s..eral Liability; Co-algnors. The covenants and agreements of <br />this Security Instrument shall bind and benefit thesucccssors and assigns of Lender and Borrower, subjeclto the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, gmnt and convey <br />that Borrower's interest in tbe Propeny under thetenos of this SecurilY Instrument; (b) is not personally obligated 10 pay <br />the sums secured by this Security Instrument; and (c) agrees lhat Lender and any other Borrower may agree to eXlend, <br />modify, forbear or make any accommodations wilh regard to the terms of this Security Instrument or the Note without <br />that Borrower', consent. <br />12. LoaD CIIarps. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges. and that law i. finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan e,ceed the permiued limits, then: (a) any such loan charge shall be reduced by the 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 10 make this refund by reducing the principal owed <br />under tbe Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />parrial prepayment without any prepayment charge under lbe Note. <br />13. LogIaIatioD AlfoctiDl Londor'a RlaIIla. If enactment or expiralion of applicable laws has the elf""l of <br />rendering any provision or the Note or this Security Instrument unenforceable according to its lerms, 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 />permiUed by paragraph 19. JrLender exercises this option, Lender shall take lhe steps specified in the second paragrapb of <br />paragraph 17. <br />14. NotieeL 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 />Properly Address or any other address Borrower designates by nolice to Lender. Any notice to Lender shall be given by <br />tint class mail to Lender's address slBted herein or any other address Lender designates by noticc to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to havc been given to Borrower or Lender when given as provided <br />in this paragrap~. <br />15, Goftl'lliDa LaW; S..orablllty. This Security Instrument shall be sovemed by federal law and the law of the <br />jurisdiction in which the Property is located. In tbe event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable lew, such conflict shall not affect other provisions of this Security Instrument or the Note <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 to be severable. <br />16. Borrower'. Copy. Borrower shall be given one conformed copy of the Nole and of this Security Instrument. <br />17. Tl1UIIfor of \be Properly or a BonollelallD\erost In Borro"er, If all or any pan of the Propeny or any <br />interest in it is sold or transferred (or if B beneficial interest in Borrower is sold or transferred and Borrower is nol B natural <br />penon) without Lender's prior written consent, Lender may, at its option, require immediate payment in futl of all sums <br />secured by this Security Instrument. However, this option shall nol be exercised by Lender if exercise is prohibiled by <br />federal law as of the date ofthis Security Instrumenl. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The noticc shall provide a period <br />of no I less than 30 days from the date the notice is delivered or mailed within which Borrowcr 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 />11.1JorrowerI. RlaId to R....Ie. If Borrower m~ts certain conditions, Borrower shall have the right to ha\le <br />enforcement of this Security Ill5trument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify faT reill5latement) before sale of thc Propeny pursuant 10 any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Inslrument. Those condilions are that Bon~wer: <br />(a) pay. ~er all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) curcs any dd~ull of any other covcnants or Igreements; (c) pays all ex.pcnse~ IDcurred m enforcmg this <br />Security Instrument, including, but not limited 10, reasonable attorneys' fees; and (d) takes such actIOn as lender may <br />ra.JOI1&bly require to assure thai the lien of this Security Instrument. lender's nKhts ID the Property and Borrower's <br />obliplion to ply the sums secured by thii Security Inslrument shall continue unchanKed. Upon remstatement by <br />Borrower. this Sccunty Ins!rumenl and the obligations secured hereby shall remam fully effective a~ If no Reeclerallon had <br />occurred. However, thi, "Chi 10 n:mslaleshall nolapply 10 the case ofaeccJeraUon under paragraph !I 13 or 17 <br />
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