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88105529
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Last modified
3/9/2007 5:41:45 PM
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3/9/2007 4:42:08 AM
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DEEDS
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88105529
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<br />88- 105529 <br /> <br />If Lender required mortgage insuranee as a condition of making the loan secured by this SecurilY Instrumenl, <br />Borrower shall pay Ihe premiums required to maintain the insurance in elf..t until such time as the requirement for the <br />insurance lerminales in accordance with Borrower's and l.ender's written agreement or applicable law. <br />I. I~oa. Lender or it. agent may make reasonable enlries upon and inspections of Ihe Property, Lender <br />shall give Borrowtr notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CoDdemution. The proceeds of any award or claim for damages. direct or consequential. in connection with <br />any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation. are hereby <br />assigned and shall be paid to Lender. <br />In Ihe event of a 10lal taking of the Property, the proceeds shall be applied 10 the sums secur<d by Ibis Securily <br />Instrument. whether or not then due, with any excess paid to Borrower. In the event of 8 partial1aking of the PropenYl <br />unless Borrower and Lender otherwise agree in writing. the sums secur<d by this Security Instrument shall be reduced by <br />lhe amounl of Ihe proceeds multiplied by the following fraction: (a) Ihe tolal amounl of the sums secured immediately <br />before the laking, divided by (b) Ihe fair market value oflhe Property immediately before Ihe laking, Any balance shall be <br />paid 10 Borrower, <br />If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that th~ condemnor offers 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 ofthe 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 />postponelhe due dale oflhe monthly paymenlS rererr<d to in paragraphs I and 2 or cbangelhe amounl ofsueh paymenlS. <br />10. Borrower Not Released; Forbearance By Lender Not. Waiver. Extension of the time for payment or <br />modification of amonization 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 againsl any successor in interesl or refuse: to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in mterest. Any forbearance 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. Suc:ceaon and Aaaipa Bound; Join. and s.-.eral LIability; Co-slgne... The covenants and agr..menlS 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 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, grant and convc:y <br />that Borrower's interest in the Property under the terms of'his Security Instrument; (b) is not personally obligated to pay <br />the sunu secured by this Security Instrument; and (e) 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 />1%. Loan Cbaraea. If the loan secured by this Security Instrumeot is subj"llo a law whieh sets m""imum loan <br />charges. and that law is finally interpreted 50 that the interest or other loan charges collected or to be collected in <br />conn..tion wilh the loan exceed lhe permilled limilS, then: <a) any such loan charge shall be reduced by tbe amount <br />necessary 10 reduce the charge 10 Ihe permilted limit; and (b) any sums already coll..ted from Borrower which exceeded <br />permilted limilS will be refunded 10 Borrower. Lender may ehoose to make this rerund by redueing the prinelpal owed <br />under the Note or by making a direct paymenlto Borrower, If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepaymenl charge under the Note. <br />13. LqlaIatloa Alfedlng Lender'. R1ihta, If enaclment or e.piration or applicable laws has the elf..l of <br />rendenDa Bny provision orthe Note: or this Security Instrument unenforceable according to its tenns, 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 />pertt'illed by paragraph 19, IfLendere.ercisesthis oplian, Lendershall take the steps 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 applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other addre!5 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 nolice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed 10 have been given to Borrower or Lender when given as provided <br />in Ihis paragraph, <br />15. Gonrnina LaW; Sel'erabillty. This Security Instrument shall be governed by federal law and the law ofthe <br />jurisdiction in which the Propeny is located. In tbe ev~t that any provision or clause of this Security Instrument or Ihe <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given eft'ect without the conflicting provision. To this end tht: provisions of this Security Instrument and the <br />Note are declared 10 be severable. <br />16. BorTO"lfer'1 Cop)'. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. T.....r.. of the Property or a Beneficial Inleresl In Gorrower. If all or aoy part of the Property or aoy <br />intCRSt in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federal law .. ofthe dateoflhis Securily Instrumenl. <br />If Lender ex~ciscs this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 3Od.ays from the date the notice is delivered 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 eJl.piration of this period, Lender may invoke any <br />remedies pennilted by this Security Instrument without further notice or demand on Borrower. <br />1... BonoWer'1 Rlpt to Relutate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of thls Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuanl to any power of sale contained in this <br />Security Instrumcnt; or (b) entry of a judgment enforcing this Security Instrument. Those condltions are that Borrower: <br />(a) pays Lender ~11 sums which thcn would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (cJ pays all expenses mcurred in enforcing this <br />Security In~trument. mcluding, but nol limited to, reasonable attorneys' fees; and fd) lakes such action as Lender may <br />rcuonably reqUite to U5ure that the lien of this Security Instrument, Lender's nRhts in the Propcrty and Borrower's <br />obliptlDn to pay thl! sums secured by rillS Seeurit)' Inslrument shall continue unchanged. Upon reinslatement by <br />BolTOWler. lhu. Security Instrumenl and the obligations secured hereby shall remam (ully effective as If no accelerallon had <br />occurred. HO'Wever, thu ri&ht to reinstatclhall nOlapply m the ca!>e of accclcrllllol1 under paraRraph~ I J or 17 <br />
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