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1 <br />100293 <br />if !.ender r uired_mort�a,�e insurance as a condition of making the loan secured by this Security Instrument. <br />Bo " ' ' ` p�tjMn , Mquired to maintain the insurance in effect until such time as the requirement for the <br />1 <br />1 <br />_ <br />ins ra ermmt j*lggltltgtt.�e r ►ith Borrower's and Lender's written agreement or applicable law. <br />>~ •.fadldt isa+is agent may make reasonable entries upon and inspections of the Property. Lender <br />sh f1vltattttr - ' of or prior to an inspection specifying reasonable cause for the inspection. <br />om. <br />9. Comieraaatfii The proceeds of any award or claim for damsses, 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 Lvender. <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. <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sutra secured immediately <br />before the taking„ divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Bormweyr. <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 ar settle a claim for damages, Borrower fails to respond to Lender within 30 days aft the date the notice is <br />given. Lender is authorized to collect and apply the proceeds, at its option, either to restoratm cv:t+e*rof the Property or <br />to the sums sec cdby this Security Instrument, whether or not then due <br />Unless !insider and Borrower atherwise agree. iaz writing, any application of proceeds is rincipa) shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower NO. Released- <br />, Forbearawe Bg Lender Not a Wahves. Extension of the time for payment or <br />modification of amortization of the sums secured byr this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the'lisbility of the original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings agait sa 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 right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assipas Boaad; Joint and Several Liability; Co-sigsters. The covenants and agreements of <br />this Security Instrument shall bind and beaefit 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 Be rawer who co -signs this Security <br />Instrument but does not execute the Note: (al is ar- ssgtting this Security Instrument only to mortgage, grant and convey <br />that mower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />.. <br />the sums secured by this Security Instrument! and fal �tr__c th,t Lender and any other. �npp��r May �rw !Or*! end.. <br />_— <br />modify, forbear or make any accommodations with regard to the terms of this Security instrument or the Note without <br />that Borroweesconsent. <br />12. Loam Chsrges If the loan secured by this Security Instrument is subject to a law which sm maximum loan. <br />charges, and that law is finally interpreted so thit 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 exceeded <br />permitted limits will be refunded to )Ewrr. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct inyawt to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge, rxcnder the Note. <br />. 13. Legisiatim AflRecting Leader's. Rigkta. •. If enactment or expiration of applicable laws has the effect of <br />:.. <br />rendering a¢y provision of the Note or this Security Instrument unenforceable 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 rente4ts <br />piermUted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph I .• , <br />14. Nddees. 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 />' <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 notice <br />'provided for in this Security instrument shall be deemed to have been given to Borrower or Lender whey given as provided <br />in: this paragraph. <br />15. Governing IlAw; Severability. This Security Instrument shall be governed by federal law and the law, of the <br />jurisdiction is 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 conllicting prm-Woa. To this end the provisions of this Security Instrument and the <br />Note an 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. Tramsfer of the Property or a Beneficiai Interest in Borrower. if all or any part of the Property or any <br />interest in it is sold or transferred (or ifa 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 />1111. 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 off (a) 5 days (or such other period as <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 in enforcing this <br />Security 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 11mrowei "s <br />` <br />obligation to pay the sums secured by this Security Instrument shall continue un_ hanged. Upon reinstatement by <br />r° <br />►•. <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred However, this right to reinstateshatl not apply in the case of acceleration under paragraphs 13 or 17 <br />