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87104574
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87104574
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Last modified
10/19/2011 10:41:40 AM
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3/27/2008 2:38:06 PM
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DEEDS
Inst Number
87104574
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87-- 104574 <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 />fl. Inspection. Leader or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrowanoticeattitictimeof4priortoan inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any pan of ibe Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Leader. <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 I and 2 or change the amount of such payments. <br />19. Borrower Not Released; Forbearance By Leader Not a Waiver. 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 in <br />interest of Borrower shall 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 a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />o(paragraph 17. Borrowers 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 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 by this Security Instrument; and (c) 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'sconsem. <br />12. Lots Cberges. if the loan secured by this Security Instrument is subject In a law which sets maximum loan <br />charges, and that law is finally interpreted so that 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 reduced by the 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 reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Lealislefias Affecting Lendees Ruts. if enactment or expiration of applicable laws has the effect 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 />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 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 mail to 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 paragraph. <br />13. Goveraft lair; Severability. This Security instrument shall be governed by federal law 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 />Noe conflicts with applicable law, such conflict 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 />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. Treader of the Property or a Beneficial[ Interest is 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 />pcnon) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all suns <br />secured by this Security Instrument. However. this option shall not he exercised by Lender if exercise is prohibited by <br />federal law as o f the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30days from thedate the notice isdelivered or mailed within which Borrower must pay all sums secured by <br />thik Security Instrument. If Borrower fails to pay these sums pricer to the expiration of this period. Lender may invoke any <br />reawthes permitted by this Security Instrument without further notice or demand on Burrower. <br />13 's RI#A to Reinstate. If Borrower meet% 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 reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security instrument; or (b) entry (if a judgment enforcing this Security instrument. Thos conditions are that M- ,rrower <br />(a) pays Lender all suns which then null be due under this Security instrument and the Note had tic) acceleration <br />occurred; (b) cures any default of any other covenants or agreements. (0 pays all expenses incurred in cnlicrcing this <br />Security Instrunumi. including. but not limited to. reasonable atuirricys' fern; and (d) tales such action as Lender mar <br />ra y r ire to aswre that the Ileac of this Security Instrument. Lender's rights €n the Property and fh,rnnscr's <br />obhViton to pity the %urns secured by this Security Instrument shall continue un :hang0d, Up€m reinstatement try <br />wrowcr, this Sc testy Instrument and the ,- bhptions secured hereby shall rertain fully cflecttvc s, at no accclerctnai had <br />m,cuircd liowevet. this right to retnataic shall not apply in the case 4 arccicratnr:r urulcr paragraphs l ? or (? <br />
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