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88106701
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88106701
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Last modified
3/9/2007 5:41:55 PM
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3/9/2007 4:44:49 AM
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DEEDS
Inst Number
88106701
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<br />88- 106701 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Inltrument, <br />Borrower shsl1 pay the premiums required 10 malnlain the in.urancc In effecl unlil such lime es the requiremenl for the <br />insurance Icnninalcs in accordance VJith Borrower's and Lender's wrincn agreement or applicable law. <br />R. Inspection. Lender or its 8~cnl may make rcasonabl.: entries upon and inspections of the Property. Lender <br />shallslve Borrower nolice at the lime of or prior 10 an Inspeclion .pecifyinS rea.onable cau.e for Ihe inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connectioi1 with <br />any condemnation or olher taking of any pari of the Property, or for conveyance in lieu of condemnation, orc hereby <br />assisned end shsll be paid 10 Lender. <br />In Ihe event of a total tekins of the Property, the proceeds shsil be applied to Ihe sum. secured by Ihis Security <br />Instrument, whether DC nol then due, with any excess paid to Borrower. In the eYent of 8 partial taking of the Property, <br />unless Borrowe, and Lender otherwise esree in wrillns, Ih. sums secured by Ihis Securily Inslrumenl shall be reduced by <br />the amounl of Ihe proceeds mulliplied by Ihe followins fraclion: (a) the 10lal amounl of the sums secured immediately <br />before the teking, divided by (b) Ihe fair markel value oflhe Property immediately before Ihe taklns. AllY belance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after nvtice by Lender to Borrower thBt the condemnor offers to <br />make an award or !IcttJe 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.he Propcny 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 nol extend or <br />postpone the due date oflhe monthly payments referred 10 in paragraphs I and 2 or change the amounl ofluch payments. <br />10. Borrower Not Released; Forbearance By Lender Not B Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrumenl granted by Lender 10 any successor in <br />interesl of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interesl. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend lime for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason afany 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 />II. Suecelliors and AssIsns Bound; Joinl and Several Liebillly; Co.slllllers, The covenaots end agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender Bnd 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: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />thai Borrower's inlerest in the Property under the terms oflhis Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this SCt:urity I!lstrumentj and (c) agrces 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 finelly interpreted so lhat the interest or other loan charses collected or to be collected in <br />conoection with the loan exceed the permilled limits, then: (a) any such loan charse shsll be reduced by the amount <br />necessary 10 reduce the charge 10 Ihe permilled limit, and (b) any sums already collecled from Borrower which e.ceeded <br />permined limits will be refunded 10 Borrower. Lender may choose 10 make Ihis refund by reducins the principal owed <br />under Ihe Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a <br />parlial prepaymenl Wilhoulany prepeyment charse under the Not.. <br />13, Leslllallon Mecllns Lender'a Rights, If enaclment or expimtion of applicable laws h.. Ihe effecl of <br />rendering any provision of the Note or this Security Inslrument 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 />permined by pam8f8ph 19. If Lender e.ercises this oplion, Lender shall takelhe steps specified In the second parsSrsph of <br />parasraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mamns it by first class mail unless applicable law requires use of another melhod. The notice shall be direcled to the <br />Property Address or any olher address Borrower designates by notice to Lender. Any nOlice to Lender shall be siven by <br />first class mail 10 Lender's address stated herein or any other address Lender designates by notice 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 parasraph. <br />15. Governing Law; Severability. This Securily Instrument shall be sovemed by federellaw and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Nole conflicts with applicable law, such conflict shall not Bft'ect other provisions of this Security Instrument or the Note <br />which can be given effect without the eonfticting provision. To this end the provisions of this Security Instrument 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 Instrument. <br />17. Transrer nr tbe Property or a Beneficial Interest in Borrower, If all or any part of Ihe Property or any <br />interest in it is sold or transferred (or if a beneftcial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior wrinen consent, Lender may. at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However. Ihis oplion shall nol be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Inslrument. <br />IrLender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from Ihe date the notice is delivcred or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails 10 pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without further nolice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the righlto have <br />enforcement of this Security Inslrument 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 (~) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under this Security Inslrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreemenlSj (c) paya all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable aUorneys' fees; and (d) lakes such action as Lender may <br />reasonably require to assure that the lien of this Security Inslrument. Lender's rights in the Property and Borrower's <br />obligation 10 pay the sums secured by this Security Instrument shall continue "nchanged. Upon reinstatement by <br />Borrower, Ihis Security )nstrumenland Ihe obligalions secured hereby shall remain fully efl'tcli\le a~ if 110 ua:cclcratioll had <br />occurred. However. this riaht to reinstate shall nol apply in the case ofacceleralion under paragraph5. I J or 17. <br />
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