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88106601
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Last modified
3/9/2007 5:41:54 PM
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3/9/2007 4:44:35 AM
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DEEDS
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88106601
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<br />88- <br /> <br />106601 <br /> <br />If Lender required mortgDge insurance B!t a condition of mllkmg the lonn sccun..-d by this Security Instrument, <br />Borrower sholl pay the premiums rcquirclltu nlUinlnin the imurnncc in clfect unlil such time: as the requirement for the <br />insurance Icnninntcs in Dccordance with Darrower's ond Lender's written I1grccmcnl or applicable law. <br />8. Inspection. Lender or its Dgcn! Oluy make rcosonoblc cnlnc,> upon tknd inspections or the PrClperlY. Lender <br />sholl give: Borrower notice althe time of Dr prior 10 nn inspection specifying reasonable cause for the inspection. <br />9. Condemnotinn. The proceeds of nil)' ownrd or c10im for do mages, direct or consequential, in connection with <br />nny condemnation Of other tnking of any pDTt of tlte 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 taking of the ProperlY, the procecd~ shall be applied 10 the sums secured by this Security <br />Instrument, whether or not then due, wilh any excess paid 10 Borrower. In the evenl of a 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 H1C following fraction: (oj the tOlal amounl of the sums secured immediately <br />beror~ the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice ily Lender to Borrower th"t the condemnor offers to <br />make an nward or seule 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 />10 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 nol extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change Ihe amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waher. 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 nOl 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 right or remedy. <br />It. Successors and Assigns Bound; Joint and Several Liability; Co.signers. The covenants and agreements of <br />this Security Instrument shaH 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 execute the Note: (0) is co~signing this Security Inslrument only to mortgage. grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personaJly obligated to pay <br />the sums secured by this Security Instrumept; 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 Charges. If the loan secured by this 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 to be collected in <br />connection with the loan eJl.ceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the penniued limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose 10 make this refund hy reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enaclment or expiration of applicable laws has the 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 this Security Instrument and may invoke any remedies <br />pcrmitled by paragraph 19. [fLender 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 this 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 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 olher address lender designates by nolice 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 this paragraph. <br />15, Goveminl!'; LaW; Severability. This Security Instrument shall be governed by redernllaw nnd the law of the <br />jurisdi~ion in which the Propeny is located. In the event tha1 any provislon or clause of this Security Instrument or the <br />NOle conflicts with applicable law, such conflict shall n01 affect other provisions of this Security Instrument or the Note <br />whicb can be given effect without the conflicting provision, To this end the provisions of this Securit)' Instrument and the <br />Note are declared 10 be severable. <br />16. Borrower's Copy. Borrower shall be gi\'cn one conformed copy oflhc Note and of this Security Instrument, <br />17. Transfer of tbe Property or a Beneficial Interest 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 lS sold or transferred and Borrower is not 11 natural <br />person) V,;thOU1 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 oplion shall not he exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exerciscs 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 />thi~ Security Instrument. If Borrower fails to pay these sums prior to the expiration of Ihis period, Lender may invoke any <br />remedies penniued by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate, If Borrower meets certain conditions. Borrower shall have the righl to ha"c <br />enforcc:mcn1 of this Security Ins1rument discontinued at any time prior to Ihe earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstntement) befor~ sale of the Property pursuant to any power of sale comained in Ihi!l <br />Security Instrument: or (b) entry of a judgment enforcing this SI..'Curity Instrument. Those conditions are Ihat Borrower: <br />.ial pays. Lender uU sums which then would be due under this Security Instrument and the Note hud no acceleration <br />occurred: (b) cures. any defllul1 of any other covenants or agreement!'.: reI pay' all expense<. mcurrcd in enforcmg thl!<o <br />Secunt~' In~trumenl. including, but nol hmited to, reasonable nl1orneys' fe~: ilnd (d) takes !<ouch action a... L~Tldcr may <br />reasonably reqUire 1n ac,'ioure that the lien of this Security Instrument, Lender's ng.hts III the Prnpert)' and Bnrnn\'cr.... <br />nbhgalmn 10 pay the ~um~ IoC'cured by this Securily Instrumenl ~hall cl"lnlmul' unchangl-d l'pl11l rt"1I1~tltlemcnt h~ <br />Borrou.er. Ihl" Seeunt)' In\lrument and the ohhgnllom. !i.ccured herchy !thaI! n'mam ful1~ ctTn:llvr a.. jfnl' al~'I.lrralllln h.lll <br />lx-rurr~ UO"'l:'\irr. Ihl\ nghl 10 rein..t8leshall nnl upply In the case nf .u:l'd{'rall~m IIndt., parilp.raph.. I" "I \- <br />
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