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86100559
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Last modified
10/18/2011 6:29:06 AM
Creation date
3/31/2008 2:01:12 PM
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DEEDS
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86100559
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��- 100559 <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 pri or to an inspection specifying reasonable cause for the inspection. <br />for damages, direct or consequential, in connection with <br />9. Condemnation. The proceeds of any award or claim <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 he 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: (at 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 securer- 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 intere- <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time fog <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 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 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 Burrower 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 u1 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 fimits 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 effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its ternn, 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 I Q. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph ]7. <br />14. Notices. Any notice io 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 shalt 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 />15. Governing Law; Severability. This Security Instrument shall be gmerned by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision ar clause 01"1111S Security Insirenlcni 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. ro this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />lb. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrunlcnt. <br />17. Transfer of the Property 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 fit Borrower is sold or transferred and Borrower is not it natural <br />person) without Lender's prior written consent, Lender may, at its option, require inunediate payment ul full of all sun» <br />secured by this Security Instrument However, this option shall not be exercised by Lender if exercise is pi ()If led by <br />federal law as of the date of this Security Instrument. <br />If Lende: exercises this option, Lender shall give Borrower notice of acceleration. The notice shall pro) file it pcnod <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all suns% secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of Offs period, Lendel niay inxoke any <br />remedies permitted by this Security Instrument without further nonce or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Burrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any lime prior if) the earlier of: (a) 5 days (or such other period its <br />applicable law may specify for rcuntatement) before sale of the Pnlperty pursuant ill any power of sale Contained in 1111' <br />Security Instrument: or (h) entry of a judgnu•nt enf,rcifig this Svc uril)' I I's lrurnent 7'hose conditions .In that Hot rowel <br />(a) pays Lender all sums which then would be due under this Security InStfUlTICllt and the Note h,ld lilt c am 11 <br />r <br />occurred. (b) cures any default n( any other covenants ut agreements. (c) pays all expenses Incurred fit enfoiculf; thus <br />Srcutlty 111\Ir11111L'nt, 11101.1ding. hill not 11n11led to, re:tslnlahie attorney'' fl'e'a and (d) takes such Holt .I' I.l'llder rll:l\ <br />th <br />leau,nabl) require to assure shat life hen of this Security In'trunient. Lender's tigfil' Ill the Plolcny ,Ind Beirut rr' <br />uhilgauvn to pa) the 'isms senucd by tfus Security Instrunlcnt 'hall —litillur uruhall cvd ('loll 1cli stlucmeril b) <br />ti1)Tf .lwtl, d ?t'S�C:h riSy Insl urticul find Itie t4111galloll, 'c, tired hcrchy '11:61 1,:(11.1111 f1111 clf-!IIC 1111'' i<'!t rll1, �l! Il.tll <br />_ <br />n _�Irf!'d IIa +N �': <_i I)I:h light IIf f['111'lala' n11.,f1 rill( alpl} Mn Ifll' _.1'r-' �)f a'. �a'Ii ". LIwn Ruder f)_I r.l ::_1 .11 �)1� 1) �I <br />J <br />
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