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200001655 <br />7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained In <br />this 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 lien <br />which has priority over this Security Instrument, appearing in court, paying reasonable attorney's 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 Instrument. <br />Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note <br />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 <br />Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance <br />coverage required by Lender lapses or ceases to be In effect, Borrower shall pay the premiums required to obtain coverage substantially <br />equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance <br />previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not <br />available, Borrower shalt pay to Lender each month a sum equal to one - twelfth of the yearly mortgage insurance premium being paid by <br />Borrower when the Insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss <br />reserve In lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, N mortgage insurance <br />coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is <br />obtained. Borrower shall pay the premiums required to maintain mortgage Insurance in effect, or to provide a loss reserve, until the <br />requirement for mortgage 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 shall live Borrower <br />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 paid <br />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 or <br />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 Property <br />immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument Immediately before the <br />taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount <br />of the proceeds multipiled by the following fraction: (a) the total amount the of sums secured immediately before the taking, divided by (b) the <br />fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the <br />Property In which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately <br />before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be <br />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 9, after notice by Lender to Borrower that the condemnor offers to make an award or settle <br />a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and <br />apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether <br />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 due <br />date of the 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 <br />of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate <br />to 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 <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph <br />17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not <br />execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant, and convey that Borrowers Interest in the Property under <br />the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that <br />Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to terms of this Security <br />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, and that <br />law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the <br />permitted limits, then; (a) any such loan charges shall be reduced by the amount necessary to reduce the charge to the permitted limit; and <br />(b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make <br />this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />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 Lenders 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 />15. Governing Law; Severability. This Security Instrument shall be governed by federal law 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 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 interest in <br />it is sold or transferred (or If a beneficial interest In Borrower is sold or transferred and Borrower is not a natural person) without Lender's <br />prior written consent, Lender 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 Borrower notice of acceleration. The notice shall provide a period of not less than 30 <br />days from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument. If <br />Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument <br />without further notice or demand on Borrower. <br />Form 3028 9/90 <br />F40091M0 (11/88) Page 3 of 5 <br />