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88105516
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Last modified
3/9/2007 5:41:45 PM
Creation date
3/9/2007 4:42:06 AM
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DEEDS
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88105516
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<br />~ <br /> <br />If Lender required manglge insurance as B condition of making the loan secured by this Security Instrument. t:a <br />Borrowu.shall pay l~C'.prem.iu~ required to maintain the insurance in effect until such time: as the requirement for the: L.l.... <br />insurancctcrmin&I.Jii.ccoi~iice wilhlklrTo'Ncrts and Lender's written Bgrl:Cmc:nt or applicable law. ~ ~ gr <br />.. 1.....tl.o&l.Lend<:o'" il. agent may make reuonable entries upon and in.pectiDn. of the Property. Lender~ S <br />shall give BoiTO~er notice al the time of or prior to an inspection specifying reasonable cause for the: inspection. _-: >< 1 <br />9. CoadelllaatiOD. The proceeds of any award or claim for damages. direct or consequential. in connection with ~ -. g ::: <br />any condemnation or other taking of any part of the Property. or for conveyance: in lieu of condemnation, are hereby'.': ..:.~ ~ <br />assigned and shall be paid to Lender. - '3 <br />In the event ora total taking of the Property, the proceeds shall be applied to the sums secured by thi. Security <br />Instrument, whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property. <br />unless Borrower and 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 the taking, divided by (b) the rair market value of the Property immediately before the taking, Any balance shall be <br />paid to Borrower. <br />If the Property is .1bcndoned b~' Borrower. or if. after notice by Lender to Borrower that the condemnor offers to <br />make an award or KUle 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 Property or <br />to the swm 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 nOI extend or <br />postpone the due date orlhc monthly payments referred to in paragraphs 1 Bnd 2 or chanEe the amount of such payments. <br />10. Borrower NOI Releaed; Forbearauce By Lender Not 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 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 of the sums secured by thi~ Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbeamnce by Lender in exercising Bny right or remedy <br />shall not be a waiver of or preclude the ea:ercise of any right or remedy. <br />11. S_n aad AlaI.... Bouml; Joint and S..eral Uabillty; Co-ugnen. The covenants and agreements 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 shalJ be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is CQ-signing this Security Instrument only to mongage. grant and convey <br />thai Borrower's interest in the Property under the lerms 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 wilh regard to the tenns of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Lou CIaups. Ir the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and lhat law is finally interpreted 10 that the interest or other loan eharges collected or 10 be collected in <br />connection with the Joan exceed the pennitted lil'liu. then: (a) Bny suc" loan charge shall be rerluced hy the' amount <br />necessary to reduce the charae to the pemuUed limit; and (b) any sums already collecled from Borrower which exceeded <br />penniued limits win be refundt.d to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under tbe Note or by making a direct payment to Borrower. Ir a refund reduces principal, the reduction will be treated as a <br />partial prepaymctu without any prepayment charge under the Note. <br />l3, LqilIatlon AlfeetiDI Lender'. R1l1bu. If enactment or expiration of' applicable laws has the elfect of <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 />permiued by paragraph 19, If Lender e.ercises this option. Lender shall take the Sleps 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 apphcable law requires use of another method. The nolice shall be 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 />fint 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 shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Go,ernlq LaW; S..enbillty. ThIs Security Instrument shall be governed by federal law snd 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 confticts with applicable law, such conflict shall not aWect other provisions of this Security Instrument or the Note <br />which can be given efFect without the conflicting provision. To this end the provisions of this Security Instrument and th~ <br />Note are declared to be severable, <br />16. Borrower'. Cop)'. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Tnaafer of the Property or . BeneOclal Interest 10 Borrower. If all or any part of the Property Dr any <br />interut in it is sold or tran&f'errtd (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior wnllen consent, Lender may. at its option, require immalilile payment in ruu or AU sums <br />5C:C'.Jred by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by <br />federal la.... IS of the date of thi. Security In"rument. <br />If Lender uerci5eS 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 sums secured by <br />~hlS Security Instrument. If Borrower fails to pay these sums pnor to the expiration oflhis period. lender may invoke any <br />remedies permitted by tbis Security Instrument without further notice or demand on Borrower. <br />II. Burrower'. Ript to Relatate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such mher period M <br />applicable law may specify for reinstatement) befon: sale of the Property pursuanllo any power of sale ~Lmtajned in Ihis <br />Security Instrument; or (b) entry of a judsmenl enforcinl this Security Instrumenl. Those conditions are Ihal Borrower. <br />(a) pII)'1Lmder an sums which then would be due under this Seeunty Instrument and Ihe Nole had no acceleral10n <br />occurred; (b) cure any default of any other covenants or Igreements; (c) pays all expenses Incurred In enforcmg thiS <br />Secunt)' Instrument. mcludlnl. but not limited to, reasonable 1!I1Iomeys' fees; and (d) takes ..uch aellon as lender may <br />n:uonably require tQ UlUre thai the lien of this Seeunly Instrument, Lender's nghts m the Propcrt)' and Borrower's <br />obbpnon to PO), the ,urns '!tCCured by thu, Sec:urity In'trumenl shaJl conlmue unchantted Up4.ll1 reln"tatemenl by <br />8o"01IIcr. thn. Stcunt)' lrunumcnl and the obligations. secured hereby shall remain fully etr<<t.\'e as If Iltl accelcrallnn hall <br />nccurn:d Ha.c\'C'f.lhl!l nl,hllo rcm".U:lhllll n01 apply In Ihe caK' of accelcrauun under paragraph, I J m Ii <br /> <br />88-105516 <br />
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