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87101242
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87101242
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10/19/2011 3:13:51 AM
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3/27/2008 2:01:13 PM
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DEEDS
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87101242
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87°- 101242 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement 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 />4. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a total taking 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 of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before 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 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 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 of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 an.'. 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Raiser. 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 to <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in intere r. <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 dtrnand n-ade <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising arty r igh *. or remedy <br />shall 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 shalt bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />ofparagraph 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. gran: and comes <br />that Borrower's interest is the Property unde• the terms of this Security Instrument, (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Leader and any other Borrower may agree to externs. <br />- <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Neste 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 that the interest or other loan charzew collected or to be collected to <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any s s um 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 reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note_ <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the yfect of <br />rendering any provision of th= Note or this Security Instrument unenforceable :recording to its terms. Lender, at its option, <br />� <br />may require immediate payment m full cif all sums secured by this Security Instrument and may invoice any remedies <br />permitted by paragraph 19. If Lender exercises this option. Lender shall take the stele specified in the secot � paragraph of <br />:,. <br />paragraph 17. <br />14, Notices. Any notice to Borrower provided for it-, this Security Instrument shall be given by dehvenng it eu I*v <br />mailing it by first class mail unless applicable law requires use of another mctixrd. The notice shall be =�arecred to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be elver; b% <br />ratt <br />first class ail to Lender's address stated herein or any other address Lender designates by notice to Bor. o %cr Any notice <br />provided for in this Security I nstrument shall be deemed to have been given to Px vrrower or Lender %her: ei- rrr as provided <br />in this paragravh. <br />15. Governing Law; Severability. This Securty Instrument shall be governed by federal la% and ttre iaw of the <br />jurisdiction in which the Property is iocated. in the event iirai aa.y r' Otit;'e -ter C13USC ufthis Security fns :rument or the <br />Note conflicts with applicable law, such conflict shall not affect other of this Security Instrument <br />provisions or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Securitt 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 Se'_n::ty Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Proper; or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower s n of a natural <br />person) without Lender's prior w ritten 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 exeicisLd b% Lender if exercise is prohibited by <br />federal law asofthe date o fthis Security Instrument. <br />if Lender exercises this option, Lender shall give Borrower notice of acceleration- The notice shall pro% ide a period <br />of not less than 10 days from the date the notice is delivered <br />or mailed within which Borrower must pay all sums spur ed by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this Lender n:ay invoke <br />period. am <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. if Borrower meets certain conditions, Borrower shall have the right tc have <br />enforcemeni of this Security Instrument discontinued at any time prior to the earlier of (a) 5 days (or such other (xriod as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of save contained in this <br />Security Instrument: or (b) entry of a judgment enforcing Security <br />this instrument Thou conditions are that Borrower. <br />(a) pays Lender all sums which then would be due under this Security instrument and the Note had no acceleration <br />occurred, (h) cures any default of any other covenants ,it agreements. (c) pans all expenses incurred ui enforcing this <br />Security instrument, induding, but not limited to, reasonable attorneys firs, and tell takes such action as Lender nias <br />reasonabi) require io assure that the hen of this Security Instrument. Lender's nghts ii, The Propert. and Borrower's <br />Obiigatt•rri to <br />- <br />puy the wins secured by this Sctiurity Instrument ,hall cor,u®ur uncharged b'pou rcinsuriemrn[ by <br />llorrowcr. this sccurtry lnstrurnent.uul the nhligations secured herehv shrill rrniaiii (,iJty <br />ctfaarvc as it no arcrlcratuiri had <br />,x. urged 1L =w „-•era, this right io ieuisiate shall nor apply m the case tit,I uLel, ralnm undstt I1 m I- <br />v <br />
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