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88106615
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Last modified
3/9/2007 5:41:55 PM
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3/9/2007 4:44:37 AM
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DEEDS
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88106615
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<br />88- 10661'5 <br /> <br />It under required mortgage insurnnce'DS D condition of makillg the loon secured by this Security Imnrumcnl, <br />norrower shall pay the premiums required 10 maintain the insurance in effect until such time 85 the requirement for the <br />insurance terminntr.s in accordance with Borrow":r's and Lender's wrilten 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 notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds or any award or claim for damages, direct or consequential, in connection with <br />any condemnation or olher Inking of Dny pari of the ProperlY, or for conveyance in lieu of condemnation. are hereby <br />assigned and shall be paid to Lender, <br />In the event of n Iota) laking of Ill: Property. the: proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any execs'i paid [0 Borrower. In the event ofa partiol,tnking of the Property. <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument sholl be reduced by <br />the amount of the proceeds multiplied by thl: following fraction: (0) the total amount of the sums secured immediately <br />before the taking. divided by (b) the fair market value of the Property immediately before Ihe taking. Any balance shall be <br />paid to Borrower. <br />Ir the Pro~rty is abandoned by Borrower, or if. after notice by Lender 10 Borrower that the condemnor offers to <br />make an awurd or scUle a claim for damages. Borrower fails to respond [0 Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect Bnd 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 ofprocecds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount or such payments. <br />10. Borrower Not Released; Forbearance By Lender Not 8 Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by tender 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 inlerest 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 succes..ors 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 Boundi Joint and Sevel'8l Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall 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 Nole: (a) is co-signing this Security Instrument only to mongage. grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay <br />[he sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations wirh regard to the tenns of Ihis Security Instrumcnt 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 10 be calJecled in <br />connection with the Joan exceed the permitted limits, then: (a) any such 10lln charge shall be reduced by the amount <br />necessary 10 reduce the charge to the permitted Jimit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing Ihe principal owed <br />under the Note or by making a direct payment to Borrower. Ifa refund reduces principal, lhe reduction will be treated. as a <br />partial prepaymenl without any prepayment charge under the Nole. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable Jaws has the effect of <br />rendering any provision orthe Note or this Security Instrumenl unenforceable according to its terms. Lender, at its oplion, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permillc:d 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 10 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 melhod. The notice shall be directed to Ihe <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />firsl c1i!ss mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Securily Instrument shall be deemed to have been given 10 Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing La,,'; Severability. This Security Inslrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In [he event that any provision or clause of this Security Instrument or the <br />Note conRicls wilh appJicable 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 [hi~ Seeurit)' Inslrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Inslrument. <br />17. Transrer of the Property or B Beneficial Interest in Borrower. If all or an)' part or the Propeny 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 wriUen consent, Lender may, at its option, require immediate paymenl in full of all sums <br />secured by this Security Instrument. However, this option shall nol be exercised by Lender if ellicrcise is prohihited by <br />federal law as of the dateofthi.. Security Inslrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of nOlless l~lan 30 days from the date the nolice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security InstrumenL If Borrower fails to pay these sums prior 10 Ihe expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right 10 Reinstate. If Borrower meets certain conditions, Borrower shall ha\'c lhe righl 10 have <br />enforcement ofthis Security Instrument discontinued at any time prior 10 the earlier of: (a) 5 days (or !>uch other peril1d as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any pov.er of sale contained in this <br />Security Inslrummt; or {b) cntI). of a judgment enforcing Ihis Security InMrument. Those condition~ I1fc Ihat Borruwer: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note hud nu acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (e) pays aU expenses incurred in enforcing Ihis <br />Security Instrument. including. but nol limited to, reasonable uttorneys' f~; and fd) luk~ !>uch action as Lender muy <br />reasonably require: to a"sure that the lien of this Security Instrument, Lender's nghls in the Propcrty and Borro\l,'er'~ <br />obligation to pa). [he sum!lo ~ured by lhi~ Security Instrument shaH continue unchangL-d. Upon rClIlstlltcrnenl t'I) <br />Borrower. thl~ SecUnl)' Instrument and the obligations ~ured hereby shall remalD fully effccu\'t' a\ If nu a~('dcrlltilln had <br />lM:Curred Ho"'C".er, lhis nght 10 fl:in~tate!lohall not apply in Ihecl1!1.c nfaccclcmtulTI under paragraph.. 1 ~ Ilr 17 <br />
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