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I <br />89-. 100439 <br />1 <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 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 />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The of any award or claim for damagm direct or consequential, in connection with <br />t <br />proceeds <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, uhP °her or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrerwer aad Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />.�hc <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.1'.vperty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an awasi 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 Prc+zrty 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 proceeds to principal shall not extend or <br />i <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />t <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />� <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 Bewiewer or Borrower's successors in interest. <br />Uuder..shail not be required to commence proceedings against any successor in into est or re$'u,4 to extend time for <br />payminit oT eherwise modify amortization of the sums secured by this Security Instrutries<nt by reason opt; anyAethand made <br />by the original Borrower or Borrower's successors in interest. Any forbearanc;. by Lender in exercisiixs a �} aiQ Bran remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors arrd Assigns Bound; Joint and Several Liability; Co-signers. The covenaties'and agreements of <br />t + °- <br />this Security Instrument; shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />r. <br />of paragraph 17. Borrower: s covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />; <br />1r,-nt but dos. : o: exp, ;rte the Note: (a) is cu suing rhis 1; unity instrument only to mortgage, grant and convey <br />'• <br />that Borrower's interest. in the Property under the 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 />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />_ <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 />o3nnection with the loan exceed the permitted limits, then: (a) any such Eo.=. charge shall, be reduced by .lbe amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums atieiR4,collected from 6grtr *e' r which. exceeded . <br />permitted limits will be reftutded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by makin'''g direct payment to Borrower. If a refund reduces, ptincepd, the reduction will be treated as a <br />partial prepayment without: Utg prepayment charge under the Note. <br />13. Legislation •Affiteting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />_- <br />rendering any provision oftlae Note or this Security Instrument unenforceable according to its terms. Lender, at its option, <br />may require immediate paytxtent rr, i`tzll "E all sums secured by this Security Instrument and may invoke any remedies <br />permitted h� paragraph ia.... Gt"T ertdec� ercises this option, Lender shall take the steps specified in the second paragraph of <br />,. <br />paragraph 17. <br />14. Notices. Any iyaiice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />it by first class.tnai`. witless applicable law requires use of another method. The notice shall be directed to the <br />.,'trailing <br />`Property Address or an y athec•address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lenders adder 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 />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 event that any provision or clausi of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of chi4. Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisionsQEthis 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 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) 5 days (or such other period a, <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power (if 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 surm which then would be due under this Security instrument and the Note had no ic�Mcrutio n <br />cx:curred. (b) cures any default of any o.hcr covenants or agreements. (c; pats sit e+tpenses tncorrcd in cnfrrrcruc this <br />rap. <br />Security Instrument. including, but riot limiter! to, reasonable attorneys fees. and td) takes such actwn as I ende► may <br />reawnably reyutre to assure that the lien of this Security instrument. Lender's rights in the Property and lionrov cr s <br />obltgatron to pay the sums secured by this SecurNy Instrument shall continue h� <br />Borrower. this Security Instrument and t tic obligations see ured hcrehy Shall remain (ul;y cilecnLea. iirm.;ccicr,,tn n h.ul <br />: K,rurred Nuwe�er. tho. nght to retnslate shall milt a)tpty In the rasa t,f acr.etcratum under pai.+gra['II <br />