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20000012� <br /> • payments may no longer be required, at the option of Lender, if mortgage insurance coverage(in the amount and for the period <br /> that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay <br /> the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage <br /> insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. <br /> 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender sha11 give <br /> Bonower notice at the time of or prior to an 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 any <br /> condexnnation 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. <br /> In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, <br /> whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair <br /> market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this <br /> Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by <br /> this Security Instrument sha11 be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total <br /> amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately <br /> before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair <br /> market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the <br /> taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall <br /> be applied to the sums secured by this Security Instrument whether or not the sums aze then due. <br /> If the Property is abandoned by Bonower, or if, after notice by Lender to Borrower that the condemnor offers to make an <br /> awazd or settle a claim for damages, Bonower fails to respond to Lender within 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. <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 payrnents 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 <br /> of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall <br /> not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br /> commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization <br /> of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's <br /> successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the <br /> exercise of any right or remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this <br /> Security Instrument sha11 bind and benefit the successors and assigns of Lender and Bonower, subject to the provisions of <br /> paragraph 17. Bonower's covenants and agreements sha11 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 that <br /> Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums <br /> secured by this Security Instrument; and(c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or <br /> make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br /> 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, <br /> and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the <br /> loan exceed the permitted limits, then: (a) any such loan charge sha11 be reduced by the amount necessary to reduce the charge <br /> to the permitted limit; and (b) any sums already collected from Borrower which exceeded perinitted limits will be refunded to <br /> Bonower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct <br /> payrnent to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any <br /> prepayment charge under the Note. <br /> 14. Notices. Any notice to Bonower provided for in this Security Instrument sha11 be given by delivering it or by mailing <br /> it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br /> 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 <br /> Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br /> 15. Governing Law; Severability. This Security Instrument shall be 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 Instrument or the Note <br /> conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be <br /> given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared <br /> to be severable. <br /> 16. Borrower's Copy. Bonower shall be given one conformed copy of the Note and of this Security Instrument. <br /> Form 3028 9190 <br /> �•6R(NE) 192121.04 Pege 4 ot 6 Initials: <br /> � <br />