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86100060
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Last modified
10/18/2011 5:21:51 AM
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3/31/2008 1:54:45 PM
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DEEDS
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86100060
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QV <br />If the P'rope`rty 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. Leader 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 />10. Borrower Not Released; 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 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 he 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 benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co -signs this Security <br />Instrument but does nut 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 make any accommodations with regard to the 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 to 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 treat. ' 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 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 Arty notice to Lender shall he given by <br />first class mail to Lender's address stated herein or any other address Lender designates by nonce 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 />15. Governing Law; 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 />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. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Burrower. [fall or any part of the Property or any <br />interest in it is sold or transferred for if a beneficial interest in Borrower is sold or transferred and Borriwer is not a natural <br />person) without Lender's prior written consent, Lender may. at its option, require immediate payment in full of ail sums <br />secured by this Security Instrument. However, this option shall not be CxerLi%ed fsV Lender it e.xer(ac is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall gr:e Borower notice of acceleration The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mauled wuhm w inch Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails io pay ihes� sums prior to the expiration rif this period. Lender may invoke anv <br />remedies permitted by this Security Instrument without further notice or demand on Borrower <br />18. Borrower's Right to Reinstate. If' Borrower mere certain conditions. Borrower shall have the right to have <br />enforcement of this Securtty Instrument dts :•ontrnued at any time prior it) the earlier of (a) � days car such other period as <br />applicable law may specify for reinstalrmcnt ) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument: or (h) entry or a judgment enforcing this Security Instrument. Those conditions are that Borrower <br />(a) pays Lender all sums which Iheo would be due under this Security Instrument and the Note had no acce:.:ranon <br />occurred: (b) cures any default of any other covenants or agreernents, (o pays all exprnses incurred in enforcing this <br />Securtty instrument, including, but riot limned to, reasonable attorneys fees, and (d) takes such action as Lender mac <br />reasonably require to assure that the lien of this Security Instrument. Lender's rights in (hc Property and Borrower', <br />obligation to pay the .,urns secured by this Securny Instrument shall continue un, hanged L'p,m retnstatrment h• <br />Borrower, this Security Instrument and the obligations secured hereby shall renia in full} eflecnre .is it no aLi CieratltM had <br />occurred. However, this right to rein.,tate shall not apply ni the case of ALL :v!rlar(ttin cinder paragraphs I: or i <br />NON•UNiFORM COVENANTS Borrower and Lender further covenant and agree is follows <br />19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's <br />breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraphs 13 and 17 <br />unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the <br />default; bc) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured: <br />said (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums <br />secured by this Security Instrument and sale of the Property. The notice shall further inform Burrower of the right to <br />L reinsime after acceleration and the right to bring a court action to assert the non - existence of a default or any other <br />defeisim of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender <br />at its option may require immediate payment in full of all sums secured by this Security Instrument without further <br />demand and may invoke the power of %sic and any other remedies permitted by applicable law. Lender shall be entitled io <br />collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including, but not limited lit, <br />u i <br />reasonable attorneys' fees and costs of title evidence. <br />If the power of sale is invoked, Trustee shall record a notice of default in each county in which any part of buy <br />Property is located and shall mail copies of such notice in the manner prescribed by applcabic low tai llorroMer and n, the <br />other persons prescribed by applicable law. After the time required by applivah)e IoM. Tnistrr shall VI't, public nocicr of <br />sale in the persons and in the manner we%cribrd try applicubir III" Irustrr .1thour nI,rnana .,n tutrnt. or shal :.e'. ;!ic <br />s, <br />
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