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1 <br />89- 100277 <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 tenninates in accos -&- ce 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. drum,, with any rexsess paid to Borrower. In the event of a partial taking of the Property. <br />unless Borrower and Lender otherwise agree. in. writing, the sums secured by this Security Instrument shall be reduce! by <br />; <br />the amount of the proceeds multiplied by the~.f)sl.iawing fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market r+alue of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnorr (affieas to <br />make an award or settle a claim for damages, lk- rrower fails to respond to Lender wiiJijlr, 30 days after the date the•mitice is. <br />given. Lender is authorized to collect and apply'tJr * proceeds, at its option,.citherter: r�Mi ration or repair of the , rty oz <br />to the sums secured by this Security Instrumentt %Nether or not then due. <br />UWtss Lender and Borrawe'r61hcrN1r -s4v:e in writing, any applicatiort. oF1N w\w& to principal shall not: eza i d-ix <br />postpone trite due date of the mar}llly p ay'rn crferred to in paragraphs 1 and 2-i;,r r4h�;�_� the amount of suds. L ky> isenis. <br />10. Borrower Not Rele& . Frvsf� By Lender Not a Waiver. Eaeee ;ion of the time for 04tMent or <br />B; <br />; <br />ntodification of amot-ni= ion of the se urcd by this Security Instrument granted by Lender to any successor in <br />interest of Borrower sivatJ not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commen "t,proceedings 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 I,emSe;r in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise dl any right or remedy. <br />11.. Suceearm and Assigns Bound; Joimtt and Several Lfabflfty:; C�stters. The covetv-=s and agreements of <br />this Security Instrurnehk shall bind and benefit the successors and assigns of Lender and Bc; rower, scab ject 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 signing this Security Instrument to mortgage, <br />co- only grant and convey <br />that Borrower's interest in the Property under ibe 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 />_ t <br />modify, torbear 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 />-- <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. Ifa refund reduces.principai, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Right L - If enactment or expiration of applicable laws has the efi'ect of <br />' <br />rendering any provision of the Note or this Security Instrument unenforce Me according to its terms, Lender, at its option, <br />. <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, Lendirshall take the steps specified in the second peFagraph of <br />paragraph 17. <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 lbw requires use of another method. The notice shall be directed to the <br />Property Address or aiiy other address Borrower designates by notice to Lender. Any notice to Lender shalli be given by <br />first class mail to Lender's 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 Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal taw 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 ±tbe provisions ef this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed ceplg, of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrow .er. 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 rpa a oatum <br />person) without Lender's prior wry ten consent, Lender may, at its option, require immediate payment in full of all s;irrs <br />secured by this Security Insrrirment. However,. this option shall not be exercised by Lender if exercise is prohibited bj.. <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 />r <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 har.e <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 dv,•s (or such other period aN <br />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 to enforcing this <br />n <br />Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as bender may <br />reasonably require to assure that the lien of this Security Instrument. Lender's rights to the Property and Ilorrourer's <br />obligation to pay the sums secured by this Security instrument shall continue unchanged Upon rem--tatement h♦ <br />Rr, <br />Borrower, this Security instrument and the obligations secured hereby %hail remain fully effecme as if im acceleration had <br />incurred ilowever. this right to reinstate shall not ar+ply in theca-e of acceletalion under paragraphs 1 i nr 11 <br />1 <br />