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89-:;; Se�1Q�a�t§ <br />If Lender sired motlgase insurance as a condition of making the tun secured by this n y n n1, <br />i ur term lipljtgg�tancew th Borroweristand Lender's written agreement or applicable low.requirement for the <br />frptr11MM1R!aArlMMt4 its agent may snake reasonable entries upon and inspections of the Property. Lender <br />stron I e'i a of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Coodeiianation. 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 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 sums 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 Borrower. <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 or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds. at its option, either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unlass Lender and Borrower otherwise agree in writing, any application of proceeds to principal, shall not .extend or <br />postpone the Out date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10 Wr:rwer Not R= a:4- PaufAarance By Leader Not a Waiver. Extension of the titrte for payrutent 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 shallract be required to commence 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 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 &M Atudgm Boiud; Joint and Sereral Liability; Cosigners. 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 />tlsaf Rnrre�w a antw_r�t'� 4 tt De�TMrty rind lhet —m-nns o f th-M .. t instrument; (b) 2,°..x"...5 �!!°: "�' .^..tSl:y^lt.�.. elf pay } <br />the sums secured by- this Security Instrument; and (c) agrees that Lender and any other Borrower way agree to extend, <br />modify, forbear'or make any accommodations with regard to the terms of this Security Instrument or the Note without 1 <br />that Borrower'' ,consent. <br />12. Lem Charges. If the loan secured by this Security Instrument is subject to a taw 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 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 ay. making a direct pya trient to Borrower. If a refund roil ces principals t &e reduction will be treated as a <br />partial prepayment iaithotti say prepayment charge. under the Dote. ` <br />13. legislation Affecting Leader's RigLts. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Ltstrumeat unenforceable according to its terms, A=der. at its option, <br />may require immediate payment its. full of all sums secured. by -this Security Instrument and may invoke any remedies <br />permitted by ppiragraph 19. If Lender exercises this optiori. Lerider shall take the steps specified in the seo®sd garigniph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Securitylastrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requites use of another method. The notice shall be directed. to the 4 ; <br />Property Address or any other address Borrower designates by notice to Lender. Any, notice to Lender shall be given by <br />first class to df to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided form this Security Instrumeti shall be deemed to have been given to Borrowerar lender when given as provided <br />in this paragrephh <br />IS ,' .t3overning Law; Severability. This`Security Instrument shall be goverried by federal law and the law of the <br />jurisdictift in•v+hich the Property is located. In the event that any provision or clauseafi this Security Instrument or the <br />Note confii= with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which cari begiven effect without the coaffk ing provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. .Borrower's Copy. Bor xmka cshall be given one conformed copy of the Note and of this Security Instrument.. <br />17. - Traasfer of the Property or *Beneficial Interest is 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 i <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 />16. 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 />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 r11- <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 Borrower's ` <br />obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by r. <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />Mcurred However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />