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88106984
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Last modified
3/9/2007 5:41:58 PM
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3/9/2007 4:45:27 AM
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DEEDS
Inst Number
88106984
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<br />caca- <br /> <br />106984 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by thio'Securiry.'lnstrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until SI!C~1 time as the requite.ment for the <br />insurance terminates in accordance with Borrower's and Lender"s written 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 of any award or claim for damages. direct or consequential. in coooection with <br />any condemnation or other taking of any part of the Property, or for convt:yance in lieu of condemnati8n. afe hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking of rhe 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 1.ender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />beforc the taking. divided by (b) the fair market value of the Property immediately before the taking. Any balance 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 offers to <br />make an award or settle a claim for d<:.mages. Borrower fails to respond to Lender within 30 days after the date the notice is <br />given. Lender is authorized to coHect and apply the proceeds, at its option, either to restoration or repair of the Propeny 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 not extend or <br />posrpone rhe due date ofrhe monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borro,""r l~ot Released; Forbcal'llDce By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted b~' Lender to any successor in <br />interest of Borrower shall not opemte to release the liability of the original Borrower or Borrower's successors in interest- <br />Lender shall not be requir~ to commence proceedings against any successor in interest or refuse to extend thne 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 />shan not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall bind and benefir the succes!.ors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint 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 />that Borrower"s interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay <br />the sums secured "y this Security Instrument: and (cl 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 No!e 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 rhat the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be redueed by rhe amount <br />necessary to reduce the charge to the permitted limit; 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 the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal. the reducrion will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. I.egislation Affecting Lender's RiRhts. If enactment or expiration of applicable laws has the effecr of <br />rendering any provision of the Note or this Security Instrument unenforceable according to It!. tenns, Lender, a1 its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted 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 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 norice shall be directed ro 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 Slated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed 10 have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and rhe law of the <br />jurisdiction in which the Property is localed. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conDlct 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 this Security Instrument and the <br />Nule 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. Transfer of the Properly or a Beneficial 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 />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 Instrument. Howeyer, this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. . <br />If Lender eAcrcises this option, Lender shalJ give Borrower notice of acceleration. The notice shall provide a period <br />of nDtless than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Sc:curity Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke nny <br />remedies permitted by this Security Instrument without further nOlice or demand on Borrower. <br />18. Borrower's Ri..... to Reinstate. If Borrower meets certain 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 law may specify for rcinstatemenl) before sale of the Property pursuanl to any power of sale contained in lhb <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />.(a) pays Lender all sums which lhen would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other cov,::nants or agreements; (e) pays all cxpens~., Incurred in enforcing this <br />Secunty Instrument. including. but not limited to, reasonable attorneys' fees; and (d) lakes sUl.:h ul.:lion as Lender may <br />reasonably require (0 assure that the lien of this Security Instrument. Lender's r1ght~ In the Property and Borrower's <br />obhgallon to pay the !.ums !teeured by this St:curity Instrument ~hl1l1 conlmue unchanged. Upnn reinstalement by <br />Borro\\o'c=r. I hi!!. S~Uf1ty Instrument and the obligauom, secured hereby shall rc::mam rully dfccllVC 11~ If n\) ilccclcfIltlOn had <br />occurred Hllwever. Itll!. nghl 10 rein~talc shall not apply In the cn5e of acceleratIOn under parag.raph, 1.1 nr 17 <br />
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