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200005070 <br />at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) <br />provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums <br />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 <br />give 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 <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and 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 <br />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 <br />sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree <br />in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by <br />the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair <br />market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a <br />partial taking of the Property in which the fair market value of the Property immediately before the taking is less than <br />the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing <br />or unless applicable law 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 <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the <br />notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the <br />Property or to the sums 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 payments referred to in paragraphs 1 and 2 or change the amount of such <br />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 any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in <br />interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend <br />time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any <br />demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising <br />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 <br />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 <br />this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, <br />grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not <br />personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other <br />Borrower may agree to extend, modify, forbear or make any accommodations with regard to the 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 <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which <br />exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the <br />principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction <br />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 <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any <br />notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given <br />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 <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and <br />the Note are declared to be severable. <br />Form 3028 /90 <br />— 6H(NE)csaoai.oi Page 4 of 6 <br />Initials: <br />