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86100710
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86100710
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Last modified
10/18/2011 6:52:41 AM
Creation date
3/31/2008 2:03:07 PM
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DEEDS
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86100710
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8&-100710 <br />F If Lender required mortgage insurance as a condition of making the loan secured by ths'Sccunn Instrument <br />Borrower shall pat' the premiums required to maintain the insurance in effect until such tine as the requirement for the <br />insurance' terminates in accordance with Borrower's and Lender's written agreement or applicable ptio law'. <br />9. Itrtyeetion. Lender or its agent may make reasonable entri es upon and inslrecuons of he Property. Lender <br />shall xeBortawer notice at the time oforprior to au inspection specifyin <br />gf g reasonable cause <br />for the :inspection. <br />9. Crrtdentnation The proceeds of any award or claim for damages, direct or consequential, in connection with <br />for conve <br />any .condemnation or other taking of any part of the Property, 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 u, the sums secured by this Security <br />Instrument, .whether or not then due, with any excess ,paid to Borrower. ' the event of a partial taking of the Property. <br />unless.Borrower and Lender otherwise agree in writing, the sums srxured 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 - immediateh <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 respond Lender r Borrower that the condemnor offers to s <br />make an award or settle a.claim' for .damages, Borrower fails to : to Lender within 3D days after the date the notice is <br />given, Lender is.authorized.to collect.and apply:theproceeds, at its option, either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument. whether or then •du lu application of Proceeds to principal shat] net extend or <br />Unless'Lender and Borrower otherwise agree in writing, any app P <br />postpone the due date of the monthly payments :rcfe Bed to in e a oYaahWl$ra>t�d'` OExhens Extension theunmef for pit payments. 1 <br />10. Borrower Not Released;- Forbearance S <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any successn* in <br />interest of Borrower shall notoperateto release the liability of the original Borrower or Borrower's successors in olt ;t. <br />Lender shall norbe .required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or l not wise modify amortization a PrO stuns secured by this Security Instrument by reason of any demand made <br />by the original Borroweor Borrower's successors in interest. Any'forbearance by Lender in exercising any right orremedy <br />Borrower <br />shall not-be a waiver of or preclude the exercise :of any rightor remedy. <br />11. Successors.sind Assigns Bound; Joint and Several Liability; Co-sign ers• The covenants and agreements provisions <br />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 Borrower mac 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• LoatrCharges. 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 he reduced by the amount <br />eed d <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 any prepayment charge under the Note. <br />' <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of .uppficter saws has the effect of <br />rendering.anyprovisionofthe Notre or this'Security'Instrument unenforceable according to its terms. Lender. n its option, <br />may require immediate payment in full of all sums secured by this Security Instrume I and may invoke y remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second ar ra h 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 />e <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to [he <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 he 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 InSlrCmettt 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 histrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall he given one conformed copy of the Note and of this Secunty" instrument. <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 ui Borrower is sold or transferred end Burrower s not a natural <br />person) 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 />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide z' period <br />of not less than 30 days from the date the notice is delivered or mailed 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 mke any <br />remedies.permitted by this Security: Instrument without further notice or demand on Borrower <br />IS. Borrower's Right to Reinstate. If Borrower meets certain canrlitinns, Burrower shall hove the right period 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 Inc power ol'sulc cnntanted m the <br />Security Instrument; or (b) entry of a judgment enforcing this Security" Instrument Those conditions are that Bornxver <br />(a) pays Lender all sums which then would be due under this Security [nstrumcnt and th n <br />e note had „ .iccelermot' <br />occurred (b) cures any default of any other covenants or agreements. (c) pays all expenses nicutred ui crifolnnf iht, <br />Security Instrument, including, but not limited to. reasonable attorneys' fees and td1 takes such ,,.: ,r + 1 uulri n;.i <br />!` <br />reasonably require to assure that the lien of this Secunty Instrumunt Lr!tder's rights rn •hc 1 ,tct'" Mid fiurre•u er' <br />r <br />} obligation to pay th_• sums secured be this Secunty htstnnm•nt shall <br />Borrows ti es See urn lnstrurnettt and the <,bliga ++„m <br />L" occurred lin,sr,et. then n}�hi u, reinstate Shull not :u,t,l, <br />
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