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88105581
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Last modified
3/9/2007 5:41:46 PM
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3/9/2007 4:42:16 AM
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DEEDS
Inst Number
88105581
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<br />, <br />88- '105581 <br /> <br />If Lender required mortgage insurance as a condition of making Ihe lonn secured by this Security Instrument, <br />Borrower ~halJ pay the premiums required 10 maintain Ihe insurance in effect until such time us the requirement for lhe <br />insurance lcmlinnles in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent may make rensonable entries upon Bnd inspections of the Preperly. Lender <br />shnll give Borrower notice Dt the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Cundemnnllon. The proceeds of Ilny award or claim for damages. direct or consequential, in connection with <br />nny condemnation or other taking of any part of lhe Property. or for conveyance in lieu of condemnation. are hereby <br />assigned and shall be paid to Lender. <br />In the event of a tOlal taking of Ihe Property, the proceeds shall be applied 10 the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial 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 />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 of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after norice 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 authorized to collect and apply the proceeds, at its oplion, either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise llgree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. EAtension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender 10 any successor in <br />interest of Borrower shaH not operate (0 releasc thc liabililY of the original Borrower or Borrower's successors in interest, <br />Lender shall nol be required to commence proceedings against any successor in inlerest or refuse to extend time for <br />payment or otherwise modify amortization uflhe sums secured by Ihis Security Inslrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not bea waiver afar preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several LiabilitYi Copsigners. The covenants and agreements of <br />this Security [nstrument 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 />Inslrument but does nol execute: the Note: (a) is co-signing thi:- Security Instrumenl only to mortgage, grant and convey <br />that Borrower's interest in the Property under Ihe lerms oflhis Security Inslrument: (b) is not personally obligated 10 pay <br />the sums secured by this Security Inslrument; and (c) agrees that Lender and any olher Borrower may agree to extend, <br />modify, forbear or make any accommodutions wilh regard to Ihe lerms of this Security Instrument or the Note withoul <br />that Borrower's consent. <br />12. Loan Charges. If the lonn secured by Ihis Security Instrument is subjecl 10 a law which sel!i maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collecled in <br />connection with the: loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amounl <br />necessary to reduce the charge to the permil1ed limit; and (b) any sums already collected from Borrower which exceeded <br />permiued limits will be refunded to Borrower. lender may choose to make this refund by reducing the principal owed <br />underthe Note or by making a direct payment 10 Borrower. Ifa refund reduces principal. Ihe reduction will be Ireated as a <br />partial prepayment without any prepaymenl charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or e1Opiration of applicable laws has the effect uf <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its oplinn, <br />may require immediate payment in lull of all sums secured by Ihis Security Instrument and may invoke any remedies <br />permitted by paragraph 19. If lender exercises this option. Lender shall lake the steps specified in t he second pllragraph of <br />paragraph 17, <br />14. Notices. Any notice to Borrower provided for in Ihis Security Instrumenl ~hall be givcn by delivering it or by <br />mailing it by first class mail unless applicable la\l,' requires use of another method. The nOlice shall be directed to the <br />Property Address or any olher address Borrower designates by notice 10 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 notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given 10 Borrower or Lender when given as provided <br />in this paragmph. <br />15. Governing Law; Severability. This SecurilY Instrument shall be gm'crned by federal law and tht: law of Ihe <br />jurisdiction in which the Property is located. In thc event that any provision or clause of this Security Instrument or tht: <br />Note conflicts with applicable law, such connicl shall nol aft"ecl other provi~ions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end Ihe provisions of this Security Instrument and Ihe <br />Note are declared to be severahle. <br />16. Borrower's Copy. Borrower!ihall be given one conformed copy of the Nole and of this Securily Inslrument, <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any parI of the Properly or any <br />interest in it is sold or lfImsferred (or if a bendicial interesl in Borrower is sold (lr transferred and Borrower is nol a nalural <br />person) without Lender's prior written consent. Lender may. at its oplinn. require immediale payment in full of all sums <br />secured by this Security Instrument. However. Ihis option shall nol be exercIM..'Ci hy lender if exercise is prohihited by <br />fede:rallaw as of the date of this Security Instrument. <br />If Lender exercises this option, lender shall give Borrower nolice of acceleration. The nOlice shall provide a peril)d <br />of not less than 30 days from the date the notice is delivered or mailed wilhin which Borrower must pay nil sums secured by <br />this Security Instrument, If Borrower fails to pay Ihl.osC' sums prior 10 the expiration of this period, Lender may invoke uny <br />remedies permitted by this Securily Instrumenl without further notice or demllnd (10 Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meels certain condi,ion~. Borrower shall hu"'c Ihe right to have <br />enforcement of this Security Instrument disconlinued al any time prior 10 Ihe curlier of: (a) 5 dllYS (or such other perind a~ <br />applicable law may specify for re:instatement) before: !'.ale of the Propert). pu....uunt 10 uny power of sule conta1l1cd in Ihi~ <br />Security Instrument; or (h) eDifY of a judgment enforcing this Security Ino;trument. Tho,>e conditions are Ihlll Borrower <br />(0) pa)'s Lender all sum!io which Ihen would be due under thi!! Secunl)" Inslrumetlt IInd thc Noll' had 110 uc~l'IeTl1IIIIll <br />Occurred; (b) curC!l tmy default of an)' other co"enams or llgrecmcnl~; (L-) pa)'s all e1OrCI1..e~ ltIt:UTfl-d III cnforcIIIg lh,.. <br />Seeurit). In..trument. mcluding. but not Iimiled tn. reasonable anorne}.... fco; and (d) lake.. \uch aCtlllll a.. Lender 11111) <br />reasonably require: In a\sure thai the lien of Ihis Security Instrumenl, Lcnder', fllthl' In Iln: PropCrI)' JHUJ Unrrowc-r'.. <br />obligation to pay Ih~ \um~ sec:ured hy tlu\ Securit)' In..lrument ..hall cnnlllllll.' 1lI11:han~l'd llpllll rt:Hl\IJ.,tclI\cnl h) <br />Borrm...er, lhl" Seeun1) In\lrurncilt and the nhliglll1un!t "cl.ured herchy ,hall rt'lTlalfl full) drt'l'l\\t: i" lflllllh'\'l'!crnllllll had <br />U\:l;urred BO'lAt\ltr, Ihl' nsht 10 rem..lale ...haJllIlllllpply 1Illhe ca"e (If aCl'l'It'rltllllT1 ullIkr pilraJtfal'h.. 11"1 l' <br />
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