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88106330
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88106330
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Last modified
3/9/2007 5:41:52 PM
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3/9/2007 4:44:01 AM
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DEEDS
Inst Number
88106330
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<br />88-106330 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by Ihis Security Instrument, <br />Borrower shaH 'pay the premiums required to maintain the insurance in effect until such time os 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 nOlice atlhelime of or prior 10 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 />assigned and shall be paid to Lender. <br />In the event of a total iaking of the Property. the proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due., with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and Lender mherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraclion: (a) the total amount of the sums secured immedialely <br />before the taking, divided by (b) the fair market value of the Property immedialely before the taking: Any balance shall be <br />paid to Borrow~r. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor olfers 10 <br />make an award or seule a claim for damages, Borrower fails 10 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 then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postponelhe due date of the monthly payments referred to in paragraphs I and 2 or change the amounl of such payments. <br />to. Borrower Not Released; Forbearance By Lender Not a Wai.er. 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 interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any righl or remedy. <br />11. Successors and Assigns Bound; Joint and Se.eral Liability; C"..signers. The covenants and agreements of <br />this SecurilY InstrumenLshall bind and benefit the successors and assigns of Lender and Borrower, subject to the 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 execule Ihe Note: (a) is co-signing this Security Instrument only 10 mortgage, granl and convey <br />thaI Borrower's interest in the Property under lhelerms oflhis Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Securily Instrument; and (c) agrees thaI Lender and any other Borrower may agree 10 extend, <br />modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />, charges, and thaI law is finally interpreled so thaI the interesl or other loan charges collecled 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 permitted limit; and (b) any sums already collecled from Borrower which exceeded <br />permilled Iimils will be refunded 10 Borrower. Lender may choose to make this refund by reducing the principal owed <br />under Ihe Note or by making a direct payment to Borrower. If a refund reduces principal, the reduclion will be treated as a <br />panial prepayment without any prepayment charge under the Noie. <br />13. Legislatlon AlfectlnR Lender'. RiRhts. If enactment or expiration of applicable laws has the elfect 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 this Security Instrument and may invoke any remedies <br />permitted by paragraph 19. 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 Ihis 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 nOlice shall be directed to the <br />Property Address or any other address Borrower designates by nOlice to Lender. Any notice to Lender ~hall 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 shalJ be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />t5. GooeminR Law; Se.erability. This Security Instrument shall be governed by federal law and the law of Ihe <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 not affect other provisions of this Security Instrument 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 sevc:rable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy oflhe Note: and of this Security Instrumenl. <br />17. Transfer of the Property or a Benellemllnterest 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 shaH not be exercised by Lender if exercise is prohibited by <br />federal law as oflhe date of this Securily InstrumenL <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 all5ums secured by <br />this Security Instrument. JfBorrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without fun her notice or demand on Borrower. <br />1!J. Borrower's Righi to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement orlhis 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 Prooc:r1y pursuant to any power ofsolc contained in this <br />Security Instrument; or (b) entry of 8 judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />.(a) pays Lmder all sums which then would be due under this Security Instrument and [he 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 />SccurilY Ins1rument, inclUding. but nol limited to, reasonable anorneys' fees: and (d) lake!!. !tuch action as Lender may <br />rcuonably require to assure tbat the lien of Ibis Security Instrument, Lender'~ rights In the l)roper1}' and Borrower's <br />obligation to pay Ihe 5ums secured by this. Sccurity Instrumenl !Ihall continue unchanged Upon rCIJ1Malcmcnt hy <br />BorrOYt'er. thi\ Security Instrumcnl and the obligations srcured hereby ~hall n:mnln fully dfCCll\'c u'\ If IIn IKI.'dcnlllOI1 had <br />occurred. liowc\'cr. Ihis righlto rcin!olatc shull nol apply in the case Oracl:e1cratlon undeT pltfll~raph, t \ elT I" <br />
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