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89-= 100375 <br />7 <br />if Lender required mortgage insurance ac a condition of tnak►ng the loan secured by this Security instrument, <br />(� Borrower shall ray the premiums required to maintain the insurance in etTivt until such tinge as the requirement for Cate <br />1 <br />insurance tetruinates to accordance with Borrower's and Lenders written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Freperty. 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 <br />connection wish <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 to Borrower. In <br />paid 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 arznount of the proceeds multiplied by the following fraction: (a) <br />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 0; - <br />paid td 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 Lender <br />respond. to within ?P days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds; at its. option, eith.Grrra,;eSto aticm c?r repair of the Property era <br />to the sums secured by this Security Instrument, whether or qot then due. <br />Unless Lender and Borrower otherwise agree iii cyriting,. any applicatiarit O proceeds tv principal shall not extend ti UT <br />postpone the due date of the monthly payments referred to in Pamal,,rt(ks 1 aMd.2 or change clze amount of such paymem:ts. <br />10. Borrower Not Released, Fbibemitce By Lender. Nat: a Waiver. , Extension of the time for payment or <br />modification of amortizatio.-. e the sw!'1a.secured Dy 'ribis Security Instrument ;granted by Lender to atTy successor, in <br />intereat of Borrower shall not operate to release die IiiabOity of the original Borr. nvrier or Borrower's successors in interest. <br />Lender shall not be required to commetace 1+>i VVWRs4s against any. succesccir, cn interest <br />or refuse to extend time f.ibir <br />payment or otherMse modify amortization. 6f~ ,he sumsrecured by thN!Securit� Ift'strument by reason of any demand mare <br />by the original Borrower or B rower's successors itt fixtcrest. Any�farbe*ratcce lay: Lender <br />in exercising any. right or remedy <br />shall be a waiver ofor preclude the exer+ciise ofafiy� tig)it or remedy.'. <br />11. Successors and As ' s Bound; uud; Joint ttitd- Several Liability; Co•sigtsem The covenants salt agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of lender Borrower, <br />and subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint several. Any Borrower who co -signs this Security <br />;�. <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms this Security <br />of 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 />modify; forbear or make any accommodations with regard to the term% of this % -Urity Instnemerst or the A.+atc witlioi;t <br />-- <br />teat ftorrower's consent. <br />12. Lout 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 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. If a refund reduces principal, the reduction will be treated as <br />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 Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph 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 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 Lender <br />other address 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 />13, Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the <br />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 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 part of the Property or any <br />interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nbt 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 b- enkercised by Lender if exercise is prohibited by <br />federal taw 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 ¢lays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />T <br />this Security Instr6arent. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />rertxesl6e5permitfed.iiythis SeCtarity Instrument without ('urrher notice or demand on Borrower. ' <br />Ill: Borrower's Right to Reinstate. if Borrower meets certain conditions: Borrower shall have the right to have <br />j. Lento. cement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such of her <br />- as <br />period <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any poser of sale contained in this <br />Security mahsttI or (b) entry of a judgment <br />V <br />enforcing this Security instrument. Those conditions are that Borrower: <br />Lend <br />(a�,pays Lender all sums wlaseh then would be due under this Security Instrument and the Note had no acceleration <br />`cc4mred; <br />(b) cures any defauir of any other covenants err agreements; (c) pays all expenses incurred in enforcing thr% <br />S• curity instrument. including, but not limited to, reasorable attorney%' fee %: and (d) takes such action as Lender may <br />reasonably <br />r+ <br />require to assure that the lien of this Security instrument, 1_cnder's rights in the Property anti Borrower',, <br />obligation to pay the %urns secured by this Security Instrument %11,111 continue eutchartged. Upon reinstatctucnt by <br />Borrower, this Security in%trument and the obligat:one %ccured hereby shall remain fulls effective a% if no acceier;rtron h,ul <br />incurred If(,Aever, tht% right to retn%tate shall it of apply to the caw of <br />acc•eleratlot) aniftr pa 1.11, raph'. 1 z or 17 <br />M <br />