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88106898
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Last modified
3/9/2007 5:41:57 PM
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3/9/2007 4:45:14 AM
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DEEDS
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88106898
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<br />88_ 10689B <br /> <br />Jr Lender required mongase insurance as B candillon of making the Joan secured by this Securit)' Instrument, <br />Borrower shall pay the premiums required to mainrain the insurance in cff'eet uDdlsuch time as the requirl:menl fpr the <br />insurance 'ierminates in accordance will. Borrower's and Lender's written agreement or applicabJe law. <br />8. Intpee:tlon. Lender or ils Blenl may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice al the time of or prior to an inspection specifying reasonable cause for the inspec:tion. <br />9. Condemnation. The proceeds of any award or claim tor damages, direct or consequential. in connection with <br />any condemnation or other taking of auy part of the Property, or for conveyance in lieu of condemnation, Bre hereby <br />assisned and shall be paid to Lender. <br />In the eYent of a total taking of the Property. the proceeds shall be applied to the sums secured hy this Security <br />Instrument, whether or nol then due. with any excess paid to Borrower. In the event of a partial taking of the Propeny, <br />unless Borrower and Lender otherwie agree in writing, tbe sums secured by this Security Instrument shall be reduced by <br />Ihe IIDlOunt of the proceeds multiplied by the following f...ction: Ca) thc tOlal amount of the sums secured immediately <br />before the taking. divided hy (b) the fair market ylllue ofth. Property immediately before the taking, Any balance shllll be <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or if. after notice by Lender 10 Borrower that the condemnor offers to <br />make an award or settle a claim for damages. Borrower rails 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 resloralion or repair oflbc Property or <br />10 the sums secured by this Scc:urity Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in wriling, any application of proceeds to principalshall not extend or <br />postpone ,he due da'e of the monthly paym.nlS referred to in paragraphs I and 2 or change the amount of such paymenlS, <br />10. Borro..er Not Released; ForbeBTtmce By Lender Not a Waiver. Extension of ,he 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 shalJ not 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 B waiver of or preclude the exercise of any right or remedy. <br />11. Su.......... and Assigns Bound; Joint and S..eraI LiablUty; C...sisn..... The COyenanlS 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 COYenanlS and agreemenlS shllll be joint and several. Any Borrower who co-signs Ihis Security <br />Instrument but does not e.ecute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and conyey <br />that Borrower's interest in the Property under the'errns of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree (0 extend. <br />modify. forbear or make any accommodations with regard to (he 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 '0 a law which SOlS maximum loan <br />charges, and that law is finBlly interpreted so that the inter..t or other loan charges collected or 10 be collected in <br />conneclion with the loan exceed the permitted IimilS. then: Ca) any such loan charge shllll be redueed by the lIDlount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted IimilS will be refunded '0 Borrower. Lender may choose to make this refund by 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 NOlc. <br />13. leaIslatlOll Alfec:ting Lender" Rights. If enactmen' or expiration of applicable laws has the elfect 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 />permilled by parag...ph 19. If Lender e.ercises 'his op'ion. Lender shall,akethe Sleps specified in the second paragraph of <br />pa...g...ph ) 7. <br />.4. Nodes. Any nGtice 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 shan be directed 10 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 other address Lender designates by notice to Borrower. Any notice <br />provided for in tbis Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this p....graph. <br />15. Go.eraing Lar, Senrabllil)'. This Security Instrument shan be goyerned hy fede...llaw and the law of ,he <br />jurisdiction in which tbe Property is located. In the event that any provision or clause of this Security Instrument or (he <br />Note conftic15 with Bpplicable law. such conftict shall not affect othcr provisions of this Security Instrument or the Note <br />which can be given eJfect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severablc. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transf.. or the Property or a Benellelallnterest in Borrower. If all or any part of the Property or any <br />interest in it is sold or (ransferred (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 full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date orthis Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not Jess than 30 days from the date the notice is delivered or mailed wilhin which Borrower 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 permiued by this Security Instrument wilhout further notice or demand on Borrower. <br />18. Borrower'. JUght to RelJlltlte. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Securi(y Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as <br />applicable law may specify for reinSlalement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; Dr (b) entry of a judgment enforcing this Securily Instrumenl. Those condilions arc thai Borrower: <br />Ca) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurredj (b) cures any default of any other covenants or agreemen(s: (c) pays all CJtpen5eS incurred in cnforcing this <br />Security Instrument. including, but not limited to. reasonable attorneys' fees; and Cd) takes such aclion as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />8ofT'OWCf.this Security lnstrument and the obligations secured hereby shall remam fully effective as ifno aCfieleration had <br />occurred. However. this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or J 7 <br />
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