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7. P.rotection of Lender's Rights in 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 Lender's rights in the Property (such as <br /> a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce Iaws or regulations), then Lender may do and pay for <br /> whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying <br /> any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorney's fees and <br /> entering on the Property to make 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 O <br /> Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of 0 <br /> disbursement at the Note rate and shall be 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 O <br /> Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage O <br /> insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage C3t <br /> substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the 1�+ <br /> mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If substantially equivalent mortgage � <br /> insurance coverage is not availabie, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage <br /> insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and <br /> retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the <br /> option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer <br /> approved by Lender again becomes availabie and is obtained. Borrower shall pay the premiums required to maintain mortgage <br /> insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written <br /> 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 shall give <br /> Borrower 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 /> condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be <br /> 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 market <br /> value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security <br /> Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security <br /> Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums <br /> secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance <br /> shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately <br /> before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise <br /> agree in writing or unless applicable Iaw otherwise provides, the proceeds shall be applied to the sums secured by this Security <br /> 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 date the notice is given, Lender is authorized <br /> to coilect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security <br /> 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 postpone the <br /> due date of the monthly payments referred to in paragraphs i and 2 or change the amount of such payments. <br /> 11. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of tne c�me for payment or <br /> modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower <br /> shall 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 modiry amortization of the <br /> sums secured by this Security Instrument by reason of any demand made by the originai Borrower or Borrower's successors in <br /> interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or <br /> remedy. <br /> 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The co�enants and <br /> agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the <br /> provisions 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 that <br /> Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured <br /> by this Security Instrument and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any <br /> accommodations with regard to 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 ►oan charges collected or to be collected in connection with the loan <br /> exceed the permitted limits, then; (a) any such loan charges shall be reduced by the amount necessary to reduce the charge to the <br /> permitted limit; 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 a direct payment to Borrower. If a <br /> refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. <br /> 14. NOtIC@S. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by <br /> first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any <br /> other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address <br /> stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall <br /> 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 confiicts <br /> with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect <br /> without the conflicting provision. To this end the provisions of this Security Instrument 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 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 in Borrower is sold or transferred and Borrower is not a natural person) <br /> without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security <br /> Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security <br /> Instrument. <br /> If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less <br /> than 30 days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security <br /> Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this <br /> Security Instrument without further notice or demand on Borrower. Fo�m 3oza e�eo <br /> F1029.LMQ (10/BB) Page 3 of 5 <br /> .�_ <br />