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1 89-- .100169 If Lender recluited mortgage insurance ac a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. S. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the t ime of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemuation. The proceeds of any award or claim for damages. direct or consequential, in connection with any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. 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 not then due, with any excess paid to Borrower. In the event of a partiAl taking of the Property.. unless Borrower and Lender otherwise agree in writing, the sums secured by; this Sevorety Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amk unt of the ;sku is secured immediately before the taking, divided by (b) the fair market value of the Property immediately beeClore the taking. Any balance shall be paid to Borrower. If the P. operty . aband , ne I I+r B. rower. or if, after notice by Lender to-Sorrower that the condemnor offers in; make an award or settle a claim for damages, Burrower fails to respond to Lender within 30 days after the date the notice ig given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Propertyor to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.. 10. Borrower Not Released; Forbearanee By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor iri; interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.' Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in 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 remedy. 11. Successors and Assigns Sound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind acdb=efit the successors and assigns eS 1,.ender and Borrower, subject to the provisions of paragraph 17. Borrower's covenard s and agreements shall be joint and several_ Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security tnmumetyt only to mortgage. grant and convey that Borrowers interest in the Properiy under itre iertus V7 illis Sam- utIt} ; (v) is nos personally obligated to poy the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded, to Borrower. Lender may choose to make this,iefund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13 . Legislation Affecting Lender's Rights. if enactrnerna ov expiration of applicable laws has the effect of rendering any provision of the Na :,e or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lei~d'er exercises this option. Lender shall take the steps specified in the second paragraph of paragraph 17. 14. Notices.. Any notice to Borrouier provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this security Instrument shall be deemed to have been given to Borrower or Leander when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument sfrall be goys -med by federal law and the law of the jurisdiction in which the Propemy is located. In the event that any provision 6rclause of this Security Instrument or the Note conflicts with applicable rasa, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given. effvct without the contlicting provision. To this end the provisions of this Security Instrument and ,the Note are declared to bac-severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. Vall or any part of the Property or any interest in it is sold or transferred (or if a beneficial �:mrrest in Borrower is sold or tr• i'isferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. if bender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sum5•secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained to this Security instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred. (b) cures any default of any other covenants or agreements. (c) pays all c•xpetise% incurred in enforcing this Security instrument. including, hug not limited to, reasonable attorneys' fees; and (d) Ickes such action as I.cnder may reasonably require to a%%urc that the hen of this Security Instrument. Lender's rights in the Propert% and Borrower's ohligatt"m to pay the sums secured by this Security itiortiment shall u'nttnuc unchanged Upon tein.tstemrnt h,6 11"tri1wer, this Secarn) Instrurne_nt and the uhhpatums secured herehy shAt rc•mam tulh rffet ti%(, as it n.• ate . lorah-rn had .:.v wrcd Ifw4rcer, this rtgh! to reinstate shall rtot apph to ttir .tsc• e f ;t<< Iron. -n nrn'ri 1 t ,.t i" 7 • k:i 1- f• 01