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201304311 <br />the lien created by this Security Instrument or Lender's Security interest. Borrower may cure such a default by causing the action or <br />proceeding to be dismissed with a ruling that, in Lenders good faith determination, precludes forfeiture of the Borrower's interest in the <br />Property or other material impairment of the lien created by this Security instrument or Lender's security interest. Borrower shall also be <br />in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or <br />failed to provide Lender with any material information) in connection with the loan evidenced by the Note. If this Security Instrument is <br />on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and <br />the fee title shall not merge unless Lender agrees to the merger in writing. <br />7. Protection of Lender's Rights ill the Property, If Borrower fails to perform the covenants and agreements <br />contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lenders rights in the Property (such <br />as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and <br />pay for whatever is necessary to protect the value of' the Property and Lenders rights in the Property. Lenders actions may include <br />paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees <br />and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender is not required to do so. <br />Any amount 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 of <br />disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. <br />8. Refinancing. If any time it shall appear to Lender that Borrower may be able to obtain a loan from a <br />responsible cooperative or private credit source, at reasonable rates and terms for loans for similar purposes, Borrower will, upon the <br />Lender's request, apply for and accept such loan in sufficient amount to pay the note and any indebtedness secured hereby in full. <br />9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to all inspection specifying reasonable cause for the inspection. <br />10. Condemnation. The proceeds 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 assigned and <br />shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this <br />Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in <br />which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured <br />by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by <br />this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of <br />the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any <br />balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property <br />immediately before taking is less than the amount of the sums secured hereby immediately before the taking, unless Borrower <br />and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured <br />by this Security Instrument whether or not the sums are the due. <br />If the property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an <br />award or settle a claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date the notice is given, <br />Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums <br />secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of <br />proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the <br />amount of such payments. <br />11. 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 Borrower and any successor in <br />interest of Borrower shall not operate to release liability of the original Borrower or Borrowers successors in interest. Lender shall <br />not be required to commence proceedings against any, successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br />successor in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise <br />of any right or remedy. <br />12. 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 of <br />paragraph 16. Borrowers covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument <br />but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrowers interest <br />in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations <br />with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br />13. 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 Property <br />Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to <br />Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security <br />4 <br />se <br />