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87104741
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Last modified
10/19/2011 11:09:12 AM
Creation date
3/27/2008 2:40:37 PM
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DEEDS
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87104741
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'..'" 1047-11 <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 />& Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Harrower notice at the time of prior to an inspection specifying reasonable cause for the inspection. <br />9. Coadmisistion. 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 Leader. <br />in the event of a total taking of the Property, the proceeds shalt 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 dux date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Forbearance 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 by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the onginal Borrower or Borrower's successors in interest. <br />Lender shall no 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 A • Joint and Several Lialillity; Co4griers. The covenants and agreements of <br />this Security Instrument shall hand and benefit the successors 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 by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or matte any accommodations with regard to the terms of this Security instrument or the Note without <br />that Borrower's consent. <br />12. Loan Clsorges. 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 o that the interest or other loan charges collected or to be collected in <br />connection with the loam 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. Leader may choose to make this refund by reducing the principal owed <br />under the Note or by retaking 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. Lealshatiom Alfecdn Leader's Militia. If enactment or expiration of applicable laws has the effect of <br />renderift 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 Sccunty 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. Notions. Any notice to Borrower provided for in this Security instrument shall be given by delivering it or by <br />nailing 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 />proved 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 />15. Governing Law; SeveredWility. 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 />Note 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, BorroweesCopy. Borrower shall he given cmc cotes ,armed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest is Borrower. [fall 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 />pcmm) 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 />federallawasof 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 30 days from the date the notice is delivered o r retailed within which Borrower must pay all 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 />toad by this Security Instrument without further notice or demand on Borrower. <br />1l1. s to <br />If Borrower ruts certain conditions. Borrower shall have the right to have <br />t <br />of this Security instrument discontinues at any time prior to the earlier of: (a) S days (or such rather period as <br />apphcable law may specify for reinstatement) before We of the Property pursuant to any power of sale contained in this <br />Security Instrument. or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Harrower: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cum any ddault of any other covenants or agreements: (c) pays all expenses inctirrccl in enforcing this <br />Soconty lnmrumcavl. including. but not limited to, reasonable attorneys' fees: and (d) takt- such action as Lender may <br />rommantilly rapare to asmite that the lain oaf this Security Instrument. Lender's rights in the Prtgwrty and Harrower'% <br />abbsAimm to pay the sums secured by this Security instrument shall continue unchangc-od. UlNm reinstatement try <br />B _ er, this $Moarity Instrument And the eobt isms secured hereby shall remain fully= ef4ecttsc as it rug accelcratum had <br />aao°aarr . dicoweVV, this right 40 rOn'state %hall not apply in the case of a:ccl €rattan under paragraphs I lot I' <br />
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