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88106198
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88106198
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3/9/2007 5:41:51 PM
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3/9/2007 4:43:41 AM
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DEEDS
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88106198
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<br />. 9. CondomnaUon. The proceeds of any award or claim for damage<, direCI or c!~;;;;;nlill~iPe<<;te.swilh <br />an)' condemnation or other loking of Dny part of the Property. or for conveyance in lieu of condcmmltlon, are hereby <br />a"igned and shall be paid to tender. <br />In lhc e'-CD1 of a 10lallaking of 1hc Property. Ihe proceeds shall be applied 10 Ihe sums secured by tbls SecurilY <br />Instrument, whether or nol then due. with any excess paid 10 Dorrower. In the eyc:nt or a partial laking of the Property, <br />unles..lii. Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />tbe amount oftbe proceeds multiplied by tbe following fraction: (a) Ihe t0101 amount of Ibe sums secured immediately <br />before the taking, divided by (b) tbe fair market value oftbe Propeny immedialely before the tnking. Any balance sball be <br />paid tllBorrower. <br />Iftbe Property is abandoned by Borrower, or if. aner notice by tender to Borrower tbat the condemnor offers to <br />make an award or seule a claim for damages, Borrower fails 10 respond to Lender within 30 days aner tbe date tbe notice is <br />given, Lenderisautborized to collecl and apply tbe proceeds. al its oplion, either to restoration or repair oftbe Propeny or <br />10 Ibe sums secured by Ibis Security Instrument. wbetber or nottben due. <br />Unless Lender and Borrower otberwise agree in writing. any application of proceeds to principalsball nol extend or <br />postpone tbe dne dale oftbe m~nlbly payments referred to in paragrapbs I and 2 or change Ibe amount of such paymenls. <br />10. Borrower Nol Released; Forbearaoee By Lender Not a Waiver. Extension of the lime for payment or <br />modification of amonization of the sums secured by tbis Security Instrument granted by tender to 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 interest or refuse to extend ti~e fOT <br />paymenl or otherwise modify amortization oflbe sums secured by tbis 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 lbe exercise of any rigbt or remedy. <br />II. Sueeessors and Asalgos Bound; Joinl and Several Liability; Co..[gners. The covenants and agreements of <br />this Securily Inslrument sball bind and benefil the successors and assigns of Lender and Borrower. subject 10 tbe provisions <br />of paragraph 17. Borrower's covenants and agreements sball bejoint and several. Any Borrower who co-signs tbis Security <br />Instrument but docs not execute the Note: (a) is co-signing this Security Instrument only to mortgagc, grant and convey <br />that Borrower's interest in the Propeny under lheterms of this Sccurily Instrument; (b) is nol personally obligoted to pay <br />the sums secured by this SecurilY Instrument; and (c) agrees Ihat Lender and any olher Borrower may agree to extend, <br />modify, forbear or make any accommodations with rcgard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If Ihe loan secured by tbis Security Instrument is subject to a law wbicb sets maximum loan <br />cbarge<, and that law is finally inlerpreted so tbat Ibe intere<t or otber loan cbarges collecled or to be collected in <br />connection with tbe loan exceed the permitted limits, then: (a) any sucb loan cbarge shall be reduced by tbe amount <br />necessary to reduce Ihe charge to the permiUed limit; and (b) any sums already collccted from Borrower wbicb exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to ma)ce this refund by reducing Ibe principal owed <br />under tbe Note or by making a direct payment 10 Borrower. If a refund reduces principal. the reduction will be treated as a <br />panial prepaymenl witboUl any prepayment charge under the Nole. <br />13. Legislatioo Affecting Lender's Rigbts. If enactment or expiration of applicable laws bas tbe effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option. <br />may require immediate payment in full of all sums secured by tbis Security Instrument and may invoke any remedies <br />permitted by paragrapb 19_ If Lender exercises Ibis nption. Lender sball U1ke tbe steps specified in tbe second paragraph of <br />paragrapb 17. <br />14. Notices. Any notice to Borrower provided for in tbis Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of anolber metbod. The notice sball be directed to the <br />Propeny Address or any otber address Borrower designates by notice to Lender. Any notice to Lender sball 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 to Borrower or Lender when given as provided <br />in Ibis paragrapb. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and tbe 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 />NOle confticts witb applicable law. sucb confticl sball not affect otber provisions of Ihis Security ]nstrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower sball be given one conformed copy oftbe Note and oflhis Security InstrumenL <br />17. Transfer of the Properly or a Beneficiallnlerest in Borrower. If all or any part of tbe Property or any <br />interest in h 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 wriucn consent, Lender may. at its option, require immediate payment in full of aU sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender jf exercise is prohibited by <br />fedorallaw as ofthe date oftbis Security InslrUment. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall 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 sums 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 permiued by Ibis Security Instrument wilhoUl funber notice or demand on Borrower. <br />18. Borrower's Right to Rein5tate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcemenl of this Security In'trument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinsUllement) before s,de of the Property pursuant to any power of sale contained in tbis <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under tbis 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 attorncys' fees; and Cd) takes such action as Lender may <br />reasonably require to assure that [he Hen of [his Security Instrument, Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower. tbis Security Instrument and the obligations secured hereby sball remain fully effective as if no acceleration had <br />occurred. However. tbis rigbt 10 reinstate shall not apply in the case ofacccleralion under paragraphs 13 or 17. <br />NON.UNIFORM CoVENANTs_ Borrower and Lender furtber covenant and agree as follows: <br />u. "_II Idlcm; a-edIea. LeIIder tbaII slYe aotIce to Borrower prior to aeceleratloo following Borrower's <br />br-" of.,. _or.-.Ia lWa SecaritJ lnatnun""l <but not prior to aeceleratlon under PlU1llP'llpbs 13 and 17 <br />..... .,.ucabIe law pravIda otIIenriae). Tbe oolke tbaII apedfy: (a) !be default; (b) lbe action reqn1red tn eure the <br />deIa8ll; (el. Ute,....1e8a tUa 30 u,. from the date !be aotIce II Riveo to Borrower, by wbidl the defanll must be cured; <br />... (d) lbI &IIare to .,.,.., lIle deruIl OD ... before !be date specified ID tho noti.. may resull in aeeeleration of lbe sums <br />....... .,. tIIIa Seautl)' IDslnImat ad aaIe of !be Property. 11uo DOll.. sbaIl furlher inform Borrower of the rigbl to <br />~ after -..IeratI... ad lbe rIPt to briDII a mart adIoa to _ lbo non-existonee of a defaull or any otbor <br />*'- ofllorrower to IICIeeIonltIoIIlllllllllo. U the deflllllla aot cured 00 or before the dale speelfted in lbe noli... Lender <br />.. III ..... _ reqaIre l1DIMlIIaIe ..,.... Ia Ia11 of .n _ oocnred by thIa Securlly IOSln1m""t wilhout furthor <br />......I11III_ lavolle lbe power or ale ud..,. otIIer.-edlea p....llted b,. applicable Jaw. Lender .han be entitled to <br />c:oDoct aD a_ 1IIaanol Ia .......... lIle .-edIea prcrrIded in thIa _b 19, Indudloa, bUI not limited 10. <br />.-we........,... r_... ..... oftllle.......... <br />
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