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I <br />I <br />89-100166 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates inaccordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. 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 anp, rears pGid to Borrower. In the event of a partial taking of the Property. <br />unless Borrower and Lender otherwise agree itt5 tlxe sums secured by this Security instrument shall be reduced by <br />the amount of the proceeds multiplied by tO.'IY*? ow,ipg fraction: (a) the total amount of the sums secured. immediately <br />before the taking, divided by (b) the fair rnm*e. value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />if the Property is abandoned by Berm-wer, or if. after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a nlilim for damage. &rcower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorised -to rcrllect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />to the sums secured by thisget:ttrity Instrument, whether.+ar not then due. <br />Unless, Lender and Burrower otherwise agree in writing, any app4=lion of proceeds t6 principal shall not extend or <br />postpone the due date tithe monthly payments referred to in paragi~apl s 1 and 2 or change the- arhourtt of such payments. <br />10. Bursorer k%i*O 'I11Wtumd; Forbewartce 14- %elder Not a Waiver. Extension of the time.. For payment or <br />modification of amortization of.the sum" s -secured bz, this -Security Instrument granted by Lender t6 atty, successor in <br />interest of Borrower shall not rperate to release the liabihai y of the original Borrower or Borrower's successors in interest. <br />Lender shall not, be required to commence proceedicigs; against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums,secured by this Security Instrument by reason of any,demand made <br />by the original Borrower or Borrower's successors in interest. Any,forbearance by Lender in exercising any eight or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors •rid Assigns Bound; Joint and S viW UsibiYity; Co- signers. The covenants aAd: Weements of <br />this Security Insirument.shall bind and benefit the successors aced a�sr Qits.of Lender and Borrower, subject to provisions <br />of paragraph 17. Borrower's covenants and agreements sftal`Y be jour and several. Are} Borrower Who co-signs this Sectidty.. <br />Instrument but does not, execute the Note: (a) is co- sigtii"agthis Se6arity Instrument only to mortgage. gran.: and convey' <br />that Borrower's interest in.the Property under the terms.of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. 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 br-_ the amount <br />necessary to reduce the charge to the permitted limit; and, (b) any sums already collected from Borrower which exceeded <br />permitted limits will) be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment to Borrower. If a refuted reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. -If enactment or expiration, of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option„ Lender start take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower proided• for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable Ea*-, retiuires use of another method. The notice shall be directed to the <br />�er <br />Property Address or any other address Borro destgnat:es by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated here n,cr any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shalt bo deemed: to. have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security instrument shall be I;iss eraed- by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause. ofiltis Security Instrument or the <br />':ote conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Now <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />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 <br />person) without Lender's prior written consent. Lender may. at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />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 <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sate of the Property pursuant to any power of sale contained in this <br />Secunty instrument: or (b) entry of a judgment enforcing this Security instrument Those conditions are that Borrower <br />(ai prays Lender all sums which then would he due under this Security lnstrument and the 'Vote had no acceleration <br />occurred. (b) cures any default of any other covenants or agreements. lc) pays all expenses incurred to enforcing this <br />Seturily Instrument, including, but not limited to, reasonable attorneys' fees: and (d) takes such a; tton as Lender 11111% <br />reasonah)y require tr, assure that the lien „f this Security Instrument* right,, to the I'roperte and Bornneer's <br />"h4}tau„n ir, pay the sums secured 1^y this `ser.urity Instrument shall crnttnue unchanged t p -m romr.ttrtnent ha <br />Ita,rr„v.er. this'ti ^tiut,ty Insst•,trrtent and ihrr-hh }rattoussecured herchy shall rrrnam fully etfeAttsrAll It n,'.t .• `; r,tlu,n hart <br />:.rutrt•d 11 ,see Lrr. t}ttsraf,ht la, reinstate shall not apply to turAtr-r pm.wtat,h, I r . , 1' <br />7 <br />r <br />A <br />U <br />r <br />t, <br />1 <br />