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88105774
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88105774
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Last modified
3/9/2007 5:41:47 PM
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3/9/2007 4:42:42 AM
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DEEDS
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88105774
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<br />88- <br /> <br />105771 <br /> <br />If Lender required mortgage insurance as a condition of making the 10Bn secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effcct until such time as the requirement for the <br />insurance 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 notice allhe lime of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />nssigned and shall be paid 10 Lender. <br />In th.: evenl of a toral taking of the ProperlY, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due. wilh 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 amoun~ of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediatc:l)' before the taking. 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 the condemnor offers to <br />make an award or seltle 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 collecl and apply Ihe proceeds, Ilt its option, either 10 restoration or repair of the Property or <br />to the sums secured by this Sc:curity 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 />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. Extension of the lime 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 shall not operate 10 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 interes1 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 />by the original Borrower or Borrower's successors in imeresl. Any forbearance by Lender in exerCising any right or remedy <br />shall nol be a waiver afar preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Se,ersl Liability; Co.signers. The covenants and agreements of <br />this Security Instrumenl shaU bind and benefit the successors and assigns of Lender and Borrower, subject to Ihe 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: (n) is co-signing this Security Instrumenl only to mongBge, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrumenl; (b) is nol personally obligated to pay <br />the sums secured b}' this Security [nstrUmenl; and (c) agrees thai 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 wilhout <br />Ihat Borrower'~ const:=nt. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject [0 a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charge~ collecled nr to ht' collected in <br />connection with the loan exceed the permitted limits. then: (a) any such loan charge !thaU be reduced by the amount <br />necessary to reduce the charge 10 the permined limit; and (b) any sums already collecled from Borrower which exceeded <br />permitted limits will be refunded 10 Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direcl payment to Borrower. [fa refund reduces principal, Ihe: reduction will be trealed as a <br />panial prepayment without any prepayment charge under the Notc. <br />13. Legislation Affecting Lender's RiRhts. If enactment or expiration of applicable laws ha~ the effect of <br />rendering any proviSIOn of the Note or this Security Instrument unenforceable according to lis terms, Lender, at ils option, <br />may require immeaiale payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph ]9. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Securily Inslrumenl shall be given by delivering it or by <br />mailing it by firsl class mail unless applicable law requires use of another method. The notice !thaU be directed 10 the <br />Property Address or any other address Borrower designates by notice to lender. Any notice to Lender shaU be given by <br />first class mail 10 lender's address stated herein or any other address Lender designates by nolice to Borrower. Any nolice <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. Governing Law; Sewerabiliry. This Security Inslrument shall be governed by federal Jaw and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause ofthi", Security Inslru:nenl or the <br />Note conflicts with applicable law, such conflict shall not affect other provision::. of this Se-:urily Instrument or the Nole <br />which can be givc:n effect wilhout the conflicting provision. To this end the provisions of this Security lnstrumenl and the <br />Note are declared to be: !>e\'eruble. <br />16. Borrower's Copy, Borrower shall be: given one confonned copy of the Note and of this Security [nstrumenl, <br />17. Transfer of the Property or 8 Benefichlllnteresr in BorrcNer. If all or any part of the Property 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 a natural <br />person) wnhoul Lender's pnor written consent, Lender may. at its option. require immediate payment in fulJ of all sum.. <br />secured b)' this Secunt)' ln~trumenl. However, this option shall nOI be exel cised by Lender if exercise is prohibited b) <br />federal law as of the date of this Security Instrument. <br />If Lender exercise. this oplion, Lender shall give Borrower notice of acceleration. The notice shall provide 11 period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower mus1 pay all sums secured by <br />this Security Instrument, If Borrower fails to pay these sums prior to the e~piration of lhis period. Lender may invoke nny <br />remedies pc:rminc:d by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Ript to Reinstate. If Borrower meets cc:rtain conditions., Borrower shaU have the righl 10 have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such olher period a~ <br />Dpplicable law may sp:cify for reinstatemen1) before sale of the Propeny pursuanl 10 any power of sale contained m lhi~ <br />Security Ins1rumenl; or (b) entry of a judgment enforcing this Security Instrument. Those condilions are that Burrower <br />(a) pays Lender all sums which then wouJd be due under this Security In!>trument and the Note had no acceleration <br />occurred; (b) cur~ any default of any other co\'cnants or agreements; (c) pays all expense.. Incurred In enforcmg thl~ <br />Secunty Instrument, including, but not limited to, reasonable attorneys' fees; and (d) lak~ ~uL-h action <b Lender may <br />rea!oOnabl)' rc:qum: to Il!o~un: Ihat the lien of thlS Security Instrument, Lc:nder'~ nghl~ in the Prnpr:rly lInd BClffO\1o'er'!o <br />obligation 10 PO). the !turn!! secured by thiS Securily Instrument !thall conlmuc unchanged Lpllll rt'm~talement b, <br />Borrulolo'er. 1111'1, Secunty In!o1rument and the obhgallon!! !tccured h(:reby shall r.::mam fully dfecll\oC a~ If nll iH:..:detallnn had <br />occurred Hnv.-c:"c:r,th" nght 10 ranstate !lhan not upply In the caM:ofaccderallllll undc:r para~rBph.. llllT Ii <br />
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