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88105797
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88105797
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Last modified
3/9/2007 5:41:47 PM
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3/9/2007 4:42:45 AM
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DEEDS
Inst Number
88105797
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<br />88-105797 <br /> <br />If Lender required mortS-Be in~urance as a condition DC making the loan secured by this Security Instrument. <br />Borrower shall p~y the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance ~erminatcs in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. ,lnIJ'ecdon.' Lender or its agent may make reasonable entries upon Bnd inspections of the Property. Lender <br />shall give Bo~unotice.tthe time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CoIldelDDl.tion. The proceeds arany award or claim for damages. direct or consequential. in connection with <br />any condemnation or other laking of any part of the Property. or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In the ..ent of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or nol then due, with any eXcess paid to Borrower. In the event of B 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 tbe sums secured immediately <br />before the ta!dog, divided by (b) the fair market value of the propeny immediately before the taking. Any balance shan 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 authorized to collect and apply the proceeds. at its option, either to rcstQration or repair of the Property or <br />to the sums secured by this Security InstrUment, whethcr or not thcn due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due dale of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borro..er Not Releaaed; Forbearance By Leader 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 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 interesL Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise arany right or remedy. <br />11. Suc:ceaaora ODd Alai.... Iknmd; Joint ODd !ineral Uablllty; eo-slgners. The covenants and agreements of <br />this Security Instrument shall bind and beneftt the successors and assigns of Lender Bnd Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreemenlJ shall be jointBnd 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 convey <br />that Borrower's interest in the Propeny under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the 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 regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12, Loan CIw1lea. If the loan secured by this Security Instrument is subject 10 a law which sets m...imum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or 10 be collected in <br />connection with the loan exceed the permilled limits, then: (a) any such loao charge shall be reduced by the amount <br />nec....ry to reduce the charge to the pennilled limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a reiund reduces principal, the reduction will be treated as a <br />panial prepayment without any prepayment charge under the Note. <br />13. Leglalatlon Alfeet1na Lender'a R1ghta, If enactment or expiration of applicable laws has the effect of <br />rendering any prOVision of the 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 />permilled by paragraph 19. If Lender exercises this option, Lender shall take the steps specified io the second paragraph of <br />paragraph 17. <br />14. Notica. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first clB55 mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address 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 notice to Borrower. Any notice <br />provided for in this Security Instrument sball be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. GoyemlDa La..; s.yenblllty, This Security Instrument shall be goyerned 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 conRicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given cfl'ect without the confticting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower'l Copy~ Borrower shall be given one conforml"d copy of the Note and of this Security Instrument. <br />17. TraDafer of Ihe Property or a Beoellelallnteresl In Borro..er. 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) 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 as of the date of this Security InstrumenL <br />Ir Lender exercises this option, Lender shall give Borrower noti~ of acceleration. The notice shan provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all !Oums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without funher notice or demand on Borrower. <br />18. 1IorTower'1 Ript 10 Reinstate. If Borrower meets cenain conditions, Borrower shall have the right to have <br />enforcement ofthi5 Security Instrument 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 sale of the Property pursuant to Bny power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions an: that Borrower: <br />(a) pays Lender alllums 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; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including. but not limited to, reasonable attorneys' fCCSi and (d) takes such aclion as Lender may <br />reasonably require to assure that tbe lien of this Security Instrument. Lender's rights in the Property and Borrower's <br />oblipuon to pay lhe sums secured by thit Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obliptions secured hereby shall remain fully effectivc as ifno acceleration had <br />occurred. HowC"ier. this nlbt 10 reinstate shall not apply in the case of acceleration under paragraphs 13 or t 1 <br />
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