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201205043 <br />7. Protection of Lender's Rights in the Property. If Borrower fails to Perform the covenants and agreements contained in this <br />Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender May do and pay for whatever is necessary <br />to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a Iien, <br />which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make <br />repairs_ Although Lender may take action under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security <br />Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date ofdisbursement at <br />the Note rate and shall he payable, with interest, upon notice from Lender to Borrower requesting payment. <br />8. Mortgage Insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Security <br />Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in a fcct. If, for any reason, the mortgage <br />insurance coverage required by Lender lapses or ceases to he in effect. Borrower shall pay the premiums equivalent to the cost to Borrower <br />of the mortgage insurance Previously in effect, from an alternate mortgage insurer approved by i,ender. If substantially equivalent mortgage <br />insurance, coverage is riot available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance <br />premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these <br />payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if <br />mortgage insurance coverage (in the amount and for the period that !.,ender requires) provided by an insurer approved by Lender again <br />becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss <br />reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or <br />applicable law. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower <br />notice at the time of or prior to art inspection specifying reasonable cause for the inspection. <br />10. Condemnation. The proceeds orally award or claim for damages, director consequential, in connection with any condemnation <br />or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be pair] to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether <br />or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the <br />Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately <br />before the taking, 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 before the taking, <br />divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a <br />partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the annount of the sums <br />secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, <br />the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or <br />settle a claim for damages, Borrower fails to respond to Lender within 30 days after the elate the notice is given, Lender is authorized to <br />collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, <br />whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, arty application of proceeds to principal shall not extend or postpone the due <br />date of tine monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to <br />release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings <br />against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security <br />Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in <br />exercising any right or remedy, shall not be a waiver of or preclude the exercise of any right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lcnder and Borrower, subject to the provisions of paragraph 17. Borrower's <br />covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) <br />is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this <br />Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the leans of this Security Instrument or the <br />Note without that Borrower's consent. <br />13. Loan Charges. If the loan secured by this Security Instrument is subject to a law that 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 connection <br />with the loan exceed the permitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to tine <br />permitted lirnit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender <br />may choose to make this refund by reducing the principal owed under the Note or by making it direct payment to Borrower. If a refund <br />reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first <br />class mail unless applicable law requires use of another method, The notice shall be directed to the Property Address or any other address <br />Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any <br />other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been <br />given to Borrower or Lender when given as provided in this paragraph. <br />IS. (governing Law-, Severability. This Security Instrument shall be governed by federal taw and the law of the jurisdiction in <br />which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, <br />such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instnrment and the 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 Berseficial Interest in Borrower. If all or any part of the Property or any interest <br />in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lcndcr's <br />prior written consent, Leader may; at its option, require immediate payment in full of all sums secured by this Security Instrument. However, <br />this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security instrument. <br />If Lender exercises this option, Lender shall give Roil -ower notice of acceleration. The notice shall provide a period of not less than <br />30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If <br />Borrower fails to pay these sums prior to the expiration ofthis period, Lender may invoke any remedies permitted by this Security Instrument <br />without further notice or demand on Borrower. <br />