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88105540
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88105540
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Last modified
3/9/2007 5:41:45 PM
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3/9/2007 4:42:09 AM
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DEEDS
Inst Number
88105540
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<br />88- 105540 <br /> <br />If lender required mongD.gc insurance as a condition of making the loan secured by this SecurilY Instrument, <br />Borrower shall pa)' the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance tcnnimnes in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. lupectiOD. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection ~pecifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any liward 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 the event of a total taking of tbe Property, the proceeds sball be applied to tbe sums secured by this Security <br />Instrument. whether or not then due, with any excess paid to Borrower. In tbe 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 fair market value oftbe Prapeny immediately before the taking, 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 offers to <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 Buthorized to collect Bnd 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 nol extend or <br />postpone the due date of the montbly payments referred to in paragrapbs I and 2 or change the amount of such payments, <br />10. Borrower Not Released; Forbearance B)' 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 inlerc:st or refuse to extend time for <br />payment or otherwise modify amonization of the sums secured by this Security Instrument by reason of any demand made <br />b)' the original Borrower or Borrow~s successon in interest. Any forbearance by Lender in exercising any right or remedy <br />shall nOE be a waiver of or preclude the exercise of any right or remedy. <br />.u.. Suc:eessors and Asslgas Bound; Joint and S..eraJ LIability; Co-slllllers. The covenants and agreements of <br />this Security Instrument sbal1 bind and benefit tbe successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements sball be joint and seyeral. Any Borrower who co-signs this Security <br />Instrument but does npt execute the Note: (a) is co-signing this Security Instrument only to mongage, grant and convey <br />that Borrower's interest in tbe Property under .he terms of tbis Security Instrument; (b) is not personally obligaled to pay <br />the sums secured by this SecuriEy Instrument; and (c) agrees that Lender and any other Borrower" may agree to extend, <br />modify. forbear or make any accommodations with regard to the tenus of this Security Instrument or the Note without <br />that Borrower's consent. <br />U. L<rau Ow'&a. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges. and that law is finally interpreted 50 tbat the interest or other loan charges collected or to be collected in <br />connection with the loan e>ceed the pennitted limits, then: (a) any such loan cbarge sball be reduced by tbe amount <br />necessary to reduce the charge to the pennilled limit; and (b) any sums already collected from Borrower wbicb exceeded <br />pennined limits will be refunded to Borrower. Lender may choose to make this refund by reducing tbe principal owed <br />under the Note or by making a direct payment to Borrower, If a refund reduces principal. tbe reduction will be treated as a <br />par1iaI prepayment without any prepayment charge under the Note. <br />13. J..eaisIatiOD AlfeetiDI Lender's R1pts. If enactment or expiration of applicable laws bas tbe eft'ect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its tenos. 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 />pennined by paragraph 19, If Lender exercises tbis option, Lender shall take the steps specified in the second paragrapb of <br />paragraph 17, <br />14. Nolic:a. Any notice to Borrower provided for in this Security Instrument shall be given by deliyering it or by <br />mailing it by first class mail unless applicable law requires use of another metbod. The notice sbaII be directed to the <br />Property Address or any other address Borrower designate:; 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 nOEice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to baye been given 10 Borrower or Lender wben given as provided <br />in this paragraph, <br />15. GonmiDg LaW; Se,erahility. This s.curity Instrument sball be governed by federal law and the law aftbe <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law. such conflict shall not a:fect 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 the <br />Note are declared lo'be severablt.. <br />16. Borrower's Copy. Borrower shall be given one confonoed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a BeDeficiallnterest in Borro"er, If all or any' pan of tbe Propeny or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not D natural <br />person) without L...-nder.s prior written consent. Lender may. af its option. require immediate payment in fuB 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 as of the date of this Security InstrumenL <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of nor less than 30 days from tbe date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Im.trnment:. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this SeeuriEy Instrument without further notice or demand on Borrower. <br />18. Borrowers Right to RctDstate. If Borrower meetS o::rtain conditions, Borrower shall have the right (0 have <br />enforcement or this Security InsErument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before we of the Property pursuant to any power of sale contained in this <br />SccuriEy Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are thll( Borrower: <br />(a) pays Lender aU sums which then 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; (el pays all expenses incurred In enforCing this <br />Ser.:urity Instrument, mcludmg, but nOE limlled to. reasonable attorneys' fees: lmd (dl take. !\uch acuon as Lender mB)' <br />reasonably rcqum: 10 assure that tite lien of thts Security Instrument. Lender's nght!o In the Property and Borrower'.. <br />obhgauon to pay the sum!!. secured by thiS Security Instrument shall conl1nue unchanged L'pCIO relnslalemenl hy <br />Borro\l.'er. 1hl~ SecunlY In'ttrumenl and the obhgauons secured hereby shall remain fully etfecU1.c a.. If n.l a,,:~'dC"r;llllln had <br />occurred HnwC'\'er. thl" n~h1 tn remor;,tate ~hall nol apply In the ca..e nf acceleralllln lllU.kr panlJ::r:lph.. : ~ "T ! ~ <br />
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