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88106572
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88106572
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Last modified
3/9/2007 5:41:54 PM
Creation date
3/9/2007 4:44:32 AM
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DEEDS
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88106572
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<br />88- 106572 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in elT.::ct until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable Inw. <br />8. Inspection. Lender or its agent may nUlke. reasonable entries upon and inspections of the Prcperty. Lender <br />shall give Borrower nOlice III the time of or prior to an in~p~ction 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 pa.n 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 tnking of the Propeny. 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 Propeny, <br />unless Borrower and lender otherwise agree in writing, the sums secured by this Security Instrument shan be reduced by <br />the amount of the proceeds multiplied by the fonawing fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the PropenJ.' 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 to Borrower that the condemnor offers to <br />make an award or st:ltle 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 restoration or repair of the Property or <br />to the sums secur\. d by this Security J~strumen1. whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shan not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Wahrer. Extension of the time for payment or <br />modification of amonization of the sums secured by tbis Security Ins1rument 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 interesL <br />Lender shall nOl be required to commence proceedings agains1 any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums securro by thlS Security Instrument by reason orany 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 right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co--signers. The eO\/enants and agreements of <br />this Security Instrument shall bind and benefit the successors and aMiigns QfLender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agrecmems shall be joint and several. Any Borrower who CD-signs this Securit)o. <br />Instrument but does not execute the Nole: (a) is co-signing this Security Instrument only to mortgage. grant and COT1\'ey <br />that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay <br />the sums secured by this Security Instrument: and (c) agre!!S that lender and any olher 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 Charges. If the loan secured by Ihis Security Instrument is subject to a law which sets maximum 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 pc:nnitted limits. then: (a) any such Joan charge shaH be reduced by rhe amount <br />necessary to reduce the charge ro the permil1ed limit: and (b) anJ.' sums already collcc(ed from Borrower which exceeded <br />permitted limits will be refunded (0 Borrower. lender may choose to make this refund bJ.' reducing the principal 0\\'00 <br />under the Note or by making a direct payment to Borrower, If a refund reduces principal. the reduction will be treated as n <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of app1icable la\\"'S has the effect of <br />rendering any provision of the: Note or this Secur-t)' Instrument unenforceable according 10 it~ terms. Lender. at il!. option. <br />may require immediate payment in full of all sums secured by this Securily Instrument and may invoke any remedies <br />permil1ed by paragraph 19. If Lender oercise5 this option, Lender shall take Ihe steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this SecunlY Instrument !.hall be: p:i\'en by delivering il or by <br />mailin~ it by first class mail unless applicable In\\' requires use of another method. The notice ~hall be: directed to (he <br />Property Addres!. or Ilny other address Borrower designates by notice to lender. An)' notice 10 lender shall be: gi\'en by <br />fint class mail to Lender"s address Maled herein or any other address lender designate<i by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to ha\'e been gi\'cn 10 Borrower or lender when given as provided <br />in this paragraph. <br />15. Gonrning Law; Severability. This Security Ins1rumenl shall be governed by federal law and the laow of the <br />jurisdiction in which the Property is located. In the e\'ent that any prO\'ision or clause of Ihi!. Security Instrumenl or the <br />Note conflicts with applicable lawl such contliel !ahal1 n01 affect other provis.ions of this Security Instrument or the NOle <br />which can be given effecl withoUl the conflicting provision, To this end the prm'ision\ of this Securit)' Instrument and the <br />Note Ilr!: declared 10 be severable:. <br />16. Borrower's Copy. Borrower shall be gi\'c:n one confonned copy of the Nole and oflhis Securily Instrument. <br />17. Transrer of the Property or a Beneficial Interest in Borrower. If nil or any rIm of the Ilropen)' or an)' <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is !.old or Iran!.ferrcd nnd Borrower is not a natural <br />person) without Lender's prior written consent. Lender may. at its oplion. require: Immcdiate payment in full of all sums <br />secured by this Securit)' Instrument. However, this option shall nol be exercised hy lender if ekcrcise i!'o prohibited by <br />fc:dcrallllw as of the date orthis Securit)' Instrument. <br />lflender eJlercises this option. lender shall give Borrower norice of accclerntinn. The norice shall provide a period <br />of not less than 30 days from the date the nolice is delivered or mailed withm which Borrower must pay 1111 sums secured by <br />this Security Instrument. If Borrower fails 10 pay these sums prior to the: expiration oftlm period. lender ma)' invoke Ilny <br />remedies permitted by this Security Instrument without further notice or demand on Horrower. <br />18. Borrower's Right to Reinstate. If Borrower meet.s cenain condition!., Borrower shnll have Ihe right to have <br />enforcement of this SecurilY Instrument discontinued Ilt any 1ime prior to Ihe carlier nf: (a) 5 dB)'!. Cor !'ouch other period as <br />applicable: law may specify for reinstlllemenl) before sale of the Propen)' pursullnl to nny power of sale con tamed in this <br />Security Inslrument: or (b) entry of a judgmc:nt enforcing this Securit)' Instrument, Tho..e conditions ure thai Bnrrower: <br />(a) pa~ lender all sums which then would be due under this SecurilY Instrument and Ihe Note hud no acceleral10n <br />occurred; (b) cure~ any default of any other co\,enants or Ilgreemenls: (c) pU)'!oI all CkpeO!ole.. Incurred 10 enforcing this <br />Sc:curily Instrument, lOc1uding. bUI not limited to. reasonable Illlornc~'!<t' fees; and (dltuke!<t ...uch act inn as Lender may <br />reasonably requITe tn assure thlll the lien of this Securit)' Inslrumen!. Lender.... n~ht!. 10 the Property and Borrnwer', <br />obllptlon 10 puy Ihe !oIums secured by this Security Inslrument ...hull conllOue unchan~ed Uplln rClmlutl'mcnl by <br />Uorrower, Ihl!ol Secunt) Instrument nnd the obligatIOns ..ecured hereby ..h:lll remain fully dTeclIH"II" .fnll :Icce!eralhltl had <br />occurred. Howe\'!'r, rhl" ng.hl to reim.lote ..hall nol apply m the ell..e ofaccelentlllltl under puru!!TIIph.. I ~ III 1'1 <br />
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