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I <br />100221 <br />1 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall Pay thq.prainiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance 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 />i 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 />1 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 toot then due, with any excess paid to Borrower. In the event oS a partial taking of,the Property, <br />unless Borcoweri atto. tender otherwise agree in writing, the s -ams secured by this Security Instrument shall be reduced by <br />the amount of t)te g rwe.Ws multiplied by the following fraction: (a) the total are onat of the sums secured immediately <br />E before the taking, divided.kv (b) the fair market value of the Property immediately Wwte the taking. Any balance shall be <br />paid to Bormwer. <br />If the 1Property'is abandoned by Borrower, or if, after ncnica by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to tespoadi to LtnJer within : Q days after the date the notice is <br />;given, Lender is authorized to collect and apply the proceeds, at its option, either to re. -4 tic or repair of the Property or <br />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 proetve& go punt i; al 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 payments. <br />10. Borrower Not Released; Forbearance By Lender Not a %Vaiver. 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 interest. <br />Lender shall not be required to commence proceedings against any successor in inNrest 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 right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. 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 <br />of 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 <br />that R- orrou- cer'P. interest -in the 1"AMperty under the tc„ns of tilts aCuutiiy itr5itumcni; (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 by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums alre idy.ccitected 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 refund reduces princij?W • 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 Instrurr pt and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps, cwcified in the second paragraph of <br />' paragraph 17. <br />1. 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 Lenders address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrowe'ror Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall: be governed by federal law and the law of iht: <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security lnstrurnPht dr,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 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 pan 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 Lenders 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) c days (or such other period as <br />L applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under this Security instrument and the Note had no acceleration <br />occurred: (b) cures any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this <br />Securing Instrument, including, but not limited to, reasonable attorneys' fees: and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and l3ornmer's <br />obligation to pay the sums .ecured by this Security Instrurent shall continue unchanged t'pon reirwmepient by <br />Borrower, this Security Instrument anti the s+hl►i;ut:om secured hereby sh;rll rernaun fully efTectrve w, of nn ,it,— ic•imion had <br />m- <urred limey er. thlstigh twreenstrtes ha llrunt apply mtherrsea�fa�rrler.rtr urunderp< +raer.rph� Ii •r 17 <br />