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88106681
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1988
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88106681
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Last modified
3/9/2007 5:41:55 PM
Creation date
3/9/2007 4:44:46 AM
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DEEDS
Inst Number
88106681
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<br />88-106681 <br /> <br />If Lend.r required mnrtgage insuranc. as a cnndilion of makins Ihe loan secured by Ihis Securily Instrument, <br />Borrow.r shal..pay the premium. required to maintain Ihe insurance in .trect un III such 11m. as Ih. requlremenl for th. <br />Insurance terminates In ICO)rdancc with Borrower'. and Lender's written agreement or applicable law. <br />8. laape<tIon. Lend.r nr lIS 3(lCUt rnay make reasonsbl. .nlries upon snd Inspections of the Property. Lender <br />shall giv. Borrower nDlice at the time of or prior to an inspection specifying reasonable cause for th. inspection. <br />9, Condemnation. The proceeds of any award or claim for damages, direct or consequ.ntial, In connection wilh <br />any condemnation or other takinS of any part of the Property, or for conveyance in lieu of condemnation, afC hereby <br />assigned and shall be paid to Lender. <br />In the evenl of a lotaltaking of the Property, the proceeds shall be applied to the sums secured by this Security <br />Instrument, wheth.r or not th.n due, v.ilh any...... paid to Borrower. In Ih. event of a partial takins of Ih. Property, <br />unless Borrower and Lender otherwise Dgree in wr!ting, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (.> the total amount of the sums secured immediately <br />before the takinS, divided by (b) the fair mark.. value ofthe Property immedialely before the taking. Any balance shall be <br />paid 10 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 settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, La1deru authorized to collect and apply the proceeds, at its option, either to restoration or repair oflhe Property or <br />to the sums secured by this Security Instrument, whether or nol then due. <br />Unless Lender and Borrower otherwise agree in writins, any application of proceeds 10 principal shall not extend or <br />postpone Ih. due date ofth. monthly payments referred to in paragraphs I and 2 or change the amounl of such payments. <br />10. Borrower Not Releued; Forbearante By Leuder Not a Waiver. 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 sball 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 Borroweror Borrower~s successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiv.r of or preclude Ihe exercise of any riSht or remedy. <br />11. Snt:eellOrI and AsaiBJII Bound; Joint and Se,era1 LiabIlity; Co-signera. The covenants and asrccments of <br />lhis Security Instrument shall bind and benefitlh. successors and assigns of Lender and Borrow.r, subject 10 the provisions <br />of paragraph 17. Borrower's covenants and asrccmenla shaD be joint and several. Any Borrower who co-signs this Security <br />Instrument but does nDl execute the NOle: (a) is co-signins this Security Instrument only to mort sage, sranl and convey <br />Ihat Borrower', inlerest in the Property under the terms of this Security Inslrument; (b) is not personally obligated to pay <br />Ihe sums secured by this Security Instrument; and (c) asrccs thaI Lender and any other Borrower may agree to 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 />U. Loon (]wpa. If the loan secured by this Security Instrument is subjecl to a law which sets maximum loan <br />charges, and that law is linaIly interpreted so that the interesl or other loan charges collected or to be collected In <br />connection with the loan exceed the pcnnilted limits, Ihen: (a) any such loan charge shall be reduced by Ihe amounl <br />necessary to reduce the charse to the permitted limit; and (b) any sums already collecled from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make Ihis refund by reducing Ihe principal owed <br />under the Note or by makinS a direct payment to Borrower. If a refund reduces principal, the reduclion will be treated as a <br />partial prepayment without any prepaymenl charse under the NOI'" <br />13. LejpaIaIloa Affecting Lender's 1lIPts. If enactment or e.piration of applicable laws has Ihe etrec' of <br />rendering any provision oftbe Note or this Security Instrument unenforceable according to its lenns, Lender. at its option, <br />may require immediate payment In full of all sums secured by this SecurilY Instrument and may invoke any remedies <br />permitted by parasraph 19. If Lender e..rcises this option, Lender shall tak. Ih. steps specified in the second paragraph of <br />paragraph 17. <br />14. Nodca. Any norice to Borrower provided ror 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 anoth.r method. The notice shall be directed 10 Ihe <br />Property Address or any oth" address Borrower designates by notice to Lender. Any notice 10 Lender shall be given by <br />first class mail to Lender's address stated herein or any oth.r address Lender designalcS by nOlic. 10 Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given 10 Borrower or Lend.r wh.n giv.n as provided <br />in this paragraph. <br />15. Go,ernIng LaW; Se,erabUity. This Securily Instrument shall be gov.rned 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 Ihis Security Instrumenl or Ih. <br />Note conflicts with applicable law, such contliet shall not affect other provisions of this Security Instrument or the Note <br />which can be given dl"ect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Nole are declared to be severable. <br />16. Bomnrer'. Copy. Borrower shall be given one conformed copy of the Note Bnd of this Security Instrument. <br />17. Tronafer or the Property or a Bene6cW 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 is sold or transferred and Borrower is not a natural <br />persoo) without Lender~s prior written consent. Lender may, at its option. require immediate payment in fun of all sums <br />secured by'tbis. Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by <br />federa1law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of nDlless than 30 days from the date the notice is delivered or mailed wilhin which Borrnwer must pay all.urns 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 penn.ined by this Security Instrument without fumer notice or demand on Borrower. <br />18. IIorrowt:r'a R/Pt tn ReInatate. If Borrow.r meets certain conditions, Borrower shall have the righl 10 have <br />enforcement oftbis Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender aU sumS which then would be due under thas Security Instrument and the Note had no acceleration <br />occurred; (b) cures any der.ull of any other covenants or agreements; Cc) pays all eJlpenses incurred in enforcing this <br />Security Instrument, including. but not limited to, reasonable attorneys' fees; and Cd) takes such aclion as Lender may <br />reasonably require to usure that the lien of this Security Instrument. Lender's righl.5 in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrowtr. tbis Securily Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occtltJ'Cd. However. this rip! to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br /> <br />. "\r,~ <br />
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