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88106717
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Last modified
3/9/2007 5:41:55 PM
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3/9/2007 4:44:51 AM
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DEEDS
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88106717
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<br />S8- <br /> <br />106717 <br /> <br />II Lender required mDrt...c insurance u a ,...ondltlon or making the lOin HCured by this Security In.trument. <br />Borrower sholl pay the premiums required to mslntaln Ihe lnluranceln ell'ecl until such time al the requirement ror Ihe <br />insurance tcnnin8tCS in accordance with Borrower', and Lender's written agreement or applicable law. <br />8. lupectlon. Lender or its atcol may make rC'asonable entries upon and inspections of the Property. Lender <br />shall sive Borrower notice at the time of Of prior to an inspection speclfyine reasonable cause for the inspection. <br />!t Condemn.Uon. The proceeds of any award or claim for damages, direct or conscquenliBlt in connection with <br />any condemnation or other laldng of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid 10 Lender, <br />In the event of a lotallaking of the Property, 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 Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount or the proceeds multiplied by the rollowing rraction: (a) the total amount or the sums secured immedietely <br />berorethe taking, divided by (b) the rair market value orthe Property immediately berorc the taking. Any balsnce shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofl'crs to <br />make an award or scUle 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 restor ation 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 or proceeds 10 principal shall not ealend or <br />postpone the due date Dr the monthly payments rererred to in paragraphs I and 2 or changelhe amount or such payments. <br />10, Borrower Not Released; Forbearance By Lender Not a WaI.er. Extension or the time for paymenl 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 Iiabilily of the original Borrower or Borrower's successors in interesL <br />Lender shaU not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modiry lllDortization orthe sums secured by this Security Inslrument by reason ohny demand made <br />by the original Borrower or Borrower's successors in interest Any forbearance by Lender in cxercising any right or remedy <br />shall not bc a waiver of or preclude the exercise of any right or remedy. <br />11. SUccelSOnl and Assigns Bouad; Joint and Soy.ral Uablllty; CcHIIIlD..... The covenents and agreements or <br />this Security Inslrument shall bind and beneftl the successors aud assigns of Lender and Borrower. subject to the provisions <br />of paragraph 17. Borrower's covcnants and agreements shall be joint and scveral. Any Borrower who co--signs this Security <br />Instrument but does not execute the Note: Ca) is co-signing this Security Instrument only to mortgage. grant and convey <br />that Borrower.s interest in the Propcny under the terms of this Security Instrumentj (b) is not personally obligated to pay <br />the sums secured by this Security Instrumentj and ee) 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 />1%. Loan ChII'll'" Irthe loan secured by this Security Instrument is subject to e law which sets llIlIllimum loan <br />charges. and that law is linelly ioterpreted so thet Ihe interest or other loan charges collected or to be collected in <br />connection with the loan exceed Ihe permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the pennitted limit: and (b) any sums aln:ady collected rrom Borrower which eaceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Noto or by making a direct payment 10 Borrower. IT a refund reduces principal,lhe reduction will be treated as a <br />partial prepayment without any prepayment charge under the Not~ <br />13. Leglslatioa Alfecting Lender'l Rights, If enactment or expiration of epplicable laws has the effect or <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 aU sums secured by this Security Instrument and may invoke any remedies <br />pennined by paragraph 19. Iflender exercises this option, Lender shall1ilke the steps specified in the second paragraph or <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided far 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 man to Lender's address stated herein or any other addrcss Lender designates by notice;o Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to bave been given to Borrower or Lender when given as provided <br />in this paragraph. <br />IS. Go.eming LaW; Severability. This Securily Instrument shall be governed by redcrallaw and Ihe law or the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law. such conRict shall not affect other provisions of tbis Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note arc declared to be severable. <br />16. Borro"er'l Copy. Borrower shall be given one confonned copy ohhe Note ond orlhis Security InstrumenL <br />17. TTID5fer of the Property or a Beneficial Iaterest in Borro"er. Ir all or any part of the Property or ony <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 written consent, Lender may. at its option. require immediate payment in full of all sums <br />secured by this Security InstrumenL However. this option shall not be e'\ercised by Lender if exercise is prohibited by <br />federal law lIS of the date oflhis Security InstrumenL <br />IfLcndcr exercises 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 maned within which Borrower must pay 811 sums 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 permitted by this Security Instrument without further notice or demand on Borrower. <br />lB. Borrower'. Ript 10 Reiutate. If Borrower meets cenain conditions. Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable Jaw may specify for reinstatement) before sale or the Property pursuant to any power of sale contained in this <br />Security Ins.trumcnt; or (b) entry ofajudgment enforcing this Security Instrument. Those conditions are that Borrower: <br />Ca) pays Lender aU sums which tben would be due under tbis Security Instrument and the Nole had no acceleration <br />occurred; (b) CUJ'5,any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security ln5trument.. includin& but not limited to, reasonable attomeys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender', nghts in Ihe Property and Borrower's <br />oblicltion to pay the sums secured by this Security Instrument shall conlinue unchanged. Upon reinslatement by <br />Borrower, this Security Instrument and the obligation, secured hereby ,han remain fully dl'cctive B.) if no acceleralion had <br />occurred, However, Ihis right to reinstate shan Dot apply in the case ohcccleraunn under paragraph!. 13 or 17 <br />
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