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86103220
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86103220
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Last modified
10/18/2011 12:15:48 PM
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3/31/2008 2:37:10 PM
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DEEDS
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86103220
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86--- <br />F <br />103220 <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 46pO w, g ers <br />row and Lender's written agreement or applicable law. <br />lt <br />s <br />S. Inspection. 4.enAei' $r ,,rat ritay make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower aotme at li�e ttrnotlM, r pr"6rtc' an inspection specifying reasonable cause for the inspection. <br />9. CondeMn d6W.'` Tl a Imoceeijs 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 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: (a) the total amount of the sums secured immediately <br />before the taking, divided by Ib) 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] 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 be joint and several. Any Borrower who co -signs this Security <br />Instrument but dues 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 (if this Security Instrument: (b) is riot 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 Borrowers consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a iavv which set, 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 refund reduces principal, the reduction will he 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 term,. 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 he 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 Lenders 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 governed hr federal ]a%% and the law of the <br />jurisdiction in which the Property is heated. 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 S"unty Instrument or the Note <br />which call be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />?dote are declared to be severable. <br />16. Borrower's Copy. Borrower shall be- given one conformed copy of ttic Note and of this Sew unty instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any par( of the Property or any <br />interestin it is sold or transferred (or if a beneficial interest in lorrower is sold or transferred and Borrowc- !s not a natural <br />person) without Lender's prior written consent, bender may. at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exeiciscd by Lcoder it exercise is prohihncd by <br />federal law as of the date of this Securty Instrument. <br />If Lender exercises this option, Lender shall give l3orrow•er notice of acceleration. 'I he nonce shall pro. ide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all corns secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lends ;nag invoke any <br />remedies .permitted by this Security Instrument without further noticc or demand on Borrower. <br />18. Borrower's Right to Reinstate. if Borrower meets certain conditions. Borrower shall have the right is have <br />enforcement of this Se unity instrument discontinued at anv time prior to the canccr of. (a) 5 days (or such other perioil as <br />applicable law may specify for reinstatement) before sr•Ic of the Propciii pursuant loan) puaer of sale omn <br />a�ed un the <br />Security Instrument; or (b) entry of .i judgment enforcing this Security instrument. chose conditions are ihai Borrower <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had Ito acceleration <br />occurred: (b) cures any default of any other covenants or agreements. (c) pays all rxprn,es uicurred m enforcuig this <br />Security Instrument, including. but not ►incited to, reaKrnable attorney: fees• and td) lakes such action .t. 1 cndcr may <br />reaVITIably require t0 assure that the lien of this Security Instrument. Lender's rights is tiic PWhcrty Auld Ilorrr((c•i's <br />obligation to pap the sutras securcwl by tr Security Instrument shall uach.urgeci I rant h. <br />Borrower. this 5ccutnt In.iiumenr anti the ;hgations starred hereby shill! remain ?;:ily rtic,.!o a• if !W har', <br />0xeur!ed Flr,wctier, this t ;ght to MI late shall Taut apply in theca.c I)t it I 1,1c! !,.1 1 : , <br />h <br />
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