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88105715
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Last modified
3/9/2007 5:41:47 PM
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3/9/2007 4:42:33 AM
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DEEDS
Inst Number
88105715
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<br />88- 105715 <br /> <br />If Lender required mortgage: insurance as a condirion 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 />ins.urancc terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower nOlice at the time of.or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The,pr~s of any awnrd or claim for damages, direct or consequential, in connection with <br />any condemnation or other takin~;Ot any part of the Property, or for conveyance in lieu of condemnation, Brc hereby <br />assigned Bnd shall be paid to Lender. <br />In the eVCDt of a tetaltaking of the ProperlY. the proceeds shall be applied EO the sums secured by this Securi[y <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unJess 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: (0) the lotal 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 shaU be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offcrs to <br />make an award or seith: 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 sums secured by this Security Instrument, whether or not (hen due. <br />Unlcss Lender and Borrower otherwise agree in writing, any appJication of proceeds to principal shall not extend or <br />postpone the due date of the monthly pa}'ments 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. 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 or Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />lender shaH nol be required 10 commence proceedings against any successor in interest 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 interest. 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 />II. Sue~essors and Assigns Bound; Joint and Several Ulblllty; Co.slgners. The covenants and agreements of <br />this Security Instrument shall bind and benefit the succcssors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph J 7. Borrower's covenants and agreements shall be joint 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 mO"80ge, grant and convey <br />thaI Borrower's interest in the Property under the terms of this Security Instrumenl; (b) is not personally obligated to pay <br />Ihe 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 with rcgard to the terms of this Security Instrument or Ihe Note without <br />that Borrower's consenl. <br />12, Loan Charges. If the loan secured by this Security Instrument is subject 10 a law which sets maximum loan <br />charges, and that law is finally interpreted so thut the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permiued limiti and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make Ihis refund by reducing the principal owed <br />under the Notc or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a <br />partial prepaymcnt without any prepayment charge under the Nole. <br />13. Legislation Affec:tlng Lender's Rights. If enactment or expiration of applicable laws hos the effect of <br />rendering any provision of the Note or this Security Inslrument unenforceable according to its terms, Lender, at its option. <br />may require immediate payment in full of all sums secured by Ihis Security Instrument and may invoke any remedies <br />pennitted by paragraph 19. If Lender exercises this option. Lender shall take Ihe steps specified in the second paragraph of <br />plU'llgraph 17. <br />14. Notices, Any nolice 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 10 the <br />Property Address or any olher address Borrower designates by notice to Lender. Any nolice 10 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 ,~ds paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and 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 conflicts with applicable law, such conflict shall n01 affect other provisions of this Security Imtrument or the Note <br />which con be given effect withour the conflicting provision. To this end the provisions of this S~curity [nslrument and the <br />Note arc declared to be severable. <br />16. Borrowerts Copy. Borrower shall be given one conformed copy of the Note aud of this Security Instrument. <br />17. Transrer of the Property or a Benefi~rallnterest in Borrower. If all or any part of the Property or any <br />inl;:rest in it is sold or transferred (or if a beneficial interest in Borrower is SOld or transferred and Borrowcr 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 nOI be exercised by Lender if exercise is prohibiled by <br />federallBw as oflhedBteofthis Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of accelerurion. The nul ice !<ohllll pnlVide II period <br />ofnotlcs5than 30 days from the date the notice is delivered or mailed within which Borrower mu,( PIlY all sum!'! !'!ccun:d hy <br />this Security InstrumenL If Borrower fails 10 pay thcse sums prior 10 [he expiration of thi!'! pcrltld, tcndcr may IIwllke uny <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to ReJnstate. If Borrower meets certain conditions. norrower !'!haU havc rhe fight In havc <br />enforcement ofrhis Security Instrument discontinued at any time priOf 10 the earlier of: (u) 5 days (ur such other period us <br />applicable law may specify for reinstatement) before sale of the Property pursuant to Ilny powcr IIf !oule Cnl1ll.l1ned in lhis <br />Security Instrument; or (b) entry of njudgmenl enforcing this Security Instrument. Those condllion!<o afC lha( Borrower: <br />(a) pays Lender aU sums which then would be due under this Security Instrumenl and Ihe Nnte had no llccclcration <br />occurred; (b) cures any defoult of any other covenants or agreements; (e) pays all cxpcmc!'o IIIcurrl..'(j In cnforcing Ihi~ <br />SeeunlY Instrument. including, but not limited to. reasonable attorneys' fees; and Cd) tukc.\ such aclltlll as Lender IDay <br />reasonably require 10 Buure that the hen of Ihis Security Instrument, Lender's flgh"- in the Prnpclly and Unrruwer's <br />obhgauon 10 pa) Ihe "urn" \eCured h)' thl" Security JnMrument shall continue unchanged Upun n:iu!'olalcmC:l1t hy <br />Borrower. Ihl" SC1:unt)' In'\lfument Hnd the ohllgauOn\ secured herehy ,hull rc:mllln fully cffCl.'ll\:c 1I"lr no ll~~c1l'rlllllln 11m! <br />occurred. H{l~c"'C'r. Ihl~ nghlln rC1D\IJlII!' ..hall nUllIJ'ply It I theclI<;C: of ttL'celernlum Ilndl'r para~mf1h.. 1.1111' 17 <br />
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