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200001827 <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 the <br />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 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 <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 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 <br />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 <br />taking. Any balance shall be 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 less than the amount of die sums secured immediately before the taking, unless <br />Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the <br />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 <br />award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender <br />is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured <br />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 postpone <br />the 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 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 of <br />the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors <br />in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br />right or remedy. <br />12. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />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 <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 loan <br />exceed the permitted limits, then: (a) any such loan charge 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. <br />Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to <br />Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge <br />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 <br />by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or <br />any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's <br />address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security <br />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 to <br />be severable. <br />- 6R(NE)(e212).ot <br />O <br />Page 4 of 6 <br />Form 302. <br />J�8 9/90 <br />Initials: /��(yU'l��' <br />J <br />