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88106092
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1988
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88106092
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Last modified
3/9/2007 5:41:50 PM
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3/9/2007 4:43:26 AM
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DEEDS
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88106092
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<br />88- 106092 <br /> <br /> <br />_~.I.f Lender required m~ngage insurance as a condilion of making Ihe loan secured by this Security Inslrument, <br />"sItaIl pay the premiums required to maintain the insurance in effecl until such lime as the requirement for the <br />. . biat~in~nce with Borrower's and Lender's wrillen agreement or applicable law. <br />" ," . r or its agent may make reasonable entries upon and inspections of Ihe Propeny. Lender <br />sball give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />!I. Condemnatlnn. The proceeds of any award or claim for damages, direct or consequential, in connection wilh <br />any condemnation or olher laking of any pan of the ProperlY, or for conveyance in lieu of condemnalion, are bereby <br />assigned and shall be paid to Lender. <br />In tbe evenl of a 10lal taking of the Propeny. tbe proceeds sball be applied to tbe sums secured by this SecurilY <br />Instrument, whetber or not tben duc, with any excess paid to Borrower. In the evenl of a partial taking of tbe 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 amounl of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Propeny immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Propeny is abandoned by Borrower. or if, after notice by Lender 10 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 Ihe proceeds, at its option, either 10 restoralion or repair of the Property or <br />to Ihe sums secured by this Security Instrumenl, whether or nottben 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 montbly payments referred 10 in paragraphs land 2 or change Ihe amount of such paymenlS. <br />10. Borrower Not Rel-.cl; Forbaruce By Lender Not a Waiver. Extension of Ibe time for payment or <br />modificalion of amor.;zation of the sunlS secured by Ibis Securily Inslrument granled by Lender 10 any successor in <br />interesl of Borrower shall not operale to release the liability of the original Borrower or Borrower's successors in inleresl. <br />Lender shall not be required to commence proceedings against any successor in inleresl or refuse 10 extend time for <br />payment or olberwise modify amortization of lhe sums secured by this Security Inslrument by reason of any demand made <br />by the original Borrower or Borrower's successors in inleresl. Any forbearance by Lender in e.ercising any right or remedy <br />shall not be a waiver afar preclude the exercise of any righl or remedy. <br />11. 5ucees1On and AuiIlD8 Bond; Joint and Several LiabiUty; Co-signen. The covenanlS and agreemenlS of <br />Ibis Security Instrumenl shall bind and benefilthe successors and assigns of Lender and Borrower. subjecl to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs Ihis Security <br />Instrument bUI docs nol execule the NOle: (a) is co-signing this Securily Inslrument only 10 mongage, granl and convey <br />lhal Borrower's inleresl in Ihe Property under Ihelcrms of this Security Instrumenl; (b) is not personally obligaled to pay <br />Ibe sums secured by this SecurilY Instrumenl; and (c) agrees thaI Lender and any other Borrower may agree 10 extend, <br />modify, forbear or make any accommodations wilh regard to the tenns of Ibis Security Instrument or the Note without <br />that Borrower's consent. <br />U. Loan Cbaraa. If Ihe loan secured by Ihis Security Instrumenl is subject to a law whicb selS maximum loan <br />charges, and that law is finally interpreted so that the interest or olher loan charges collecled or to be collected in <br />connection with the loan exceed the pennilled limits, then: (a) any such loan charge shall be reduced by the amounl <br />necessary to reduce the charge to the pcnnitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may cboose to make this refund by reducing Ihe principal owed <br />under the NOle or by making a direct payment 10 BOrrower. Ifa refund reduces principal, the reduction will be Irealed as a <br />partia1 prepaymenl withoul any prepaymenl charge under the Note. <br />13. LegIslation Meeting Lender'. Rlllhb. If enactment or e.piralion of applicab]e laws has tbe elfecl of <br />rendering any provision of the Note or this Security Inslrument unenforceable according to ils tenns, Lender, al ils oplion, <br />may require immediate payment in full of aI] sums secured by this Securily Instrumenl and may invoke any remedies <br />permilted by paragrapb 19. If Lender exercises tbis option, Lender shall take the sleps specified in thc second paragrapb of <br />paragrapb 17. <br />14. Notices. Any notice 10 Borrower provided for in Ihis Security Instrumenl sball be given by delivering it or by <br />mailing it by first class mail unless applicab]e law requires use of another metbod. The nOlice shall be directed 10 Ihe <br />Properly Address or any other address Borrower designales by notice 10 Lender. Any nOlice 10 Lender shall be given by <br />first class mail to Lender's address staled herein or any olber address Lender designales by notice to Borrower. Any nOlice <br />provided for in this Security Instrument shall be deemed 10 have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. GovcmlDg Law; SeveralJlllty. This Security Instrument shall be governed by federal law and the law of Ihe <br />jurisdiction in wbich tbe Property is ]ocaled. In Ihe evenl thaI any provision or clause of this Securily Instrumenl or Ihe <br />NOle confticts with applicable law, sucb conllict sball not affect other provisions of Ihis Security Instrumenl or the Note <br />which can be given elfect without tbe conllicting provision. To Ihis end the provisions of Ihis Security Inslrument and Ihe <br />Note are declared to be severab]e. <br />16. Borrower'a Copy. Borrower sball be given one confonned copy of the Nole and of Ihis SecurilY Instrumenl. <br />17. Tnusr... of the Property or a Beneficlallnlerest in Borrower. 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 consen~ Lender may, at its option. require immediate payment in full of all sums <br />secured by this Securily Instrumenl. However, this option shall nol be exercised by Lender if e.ercise is prohibited by <br />fedcrallaw as of the date oflhis Security Instrument. <br />If Lender Cltereises Ibis option, Lender sball give Borrower notice of acceleration. The nOlice sball provide a period <br />of nol Jess lhan 30 days from Ihe date the notice is delivered or mailed within which Borrower must pay all.ums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to tbe Cltpiralion of this period, Lender may invoke any <br />remedies pcnnilted by Ibis Security Instrumenl wilhoUI further notice or demand on Borrower. <br />lB. Borrow..'s Rlpt to Reinstate. If Borrower meets cenain conditinns, Borrower shall bave the right 10 have <br />enforcement of this Security Instrument discontinued at any lime prior 10 Ihe carlier of: (a) 5 days (or such otber period as <br />applicable law may specify for reinstalement) before sale of the Property pursuanl to any power of sale conlained in Ihis <br />Security Instrumenl; or (b) entl}' of a judgment enforcing this Security Instrument. Those conditions are tbal Borrower: <br />(a) pays Lender all sums which then would be due under this Security Inslrumenl and Ihe Note had no aeecleration <br />occurred; (b) cures any default of any olher covenanls or agreemenlS; (c) pays all expenses incurred in enforcing this <br />Security Imtrument.. including. bur not limited to. reasonable attorneys' fees; and (d) takes such action 8S Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the ProperlY and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower. this Security Im~trumcnl and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred. However, thili right to mnstate shan not apply in the case of acceleration under paragraph!. 13 or t 7 <br />
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