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89-0: 100455 <br />U455 <br />If Lender required mortgage insurance as a condition of making the loan secured b)• thus 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 taw. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Preperiy. 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, director 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 stuns 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 stems 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 />j 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 />i 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 />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 Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment 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 shall: not 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 />slt,O not be a waiver of or preclude the exercise of any right or remedy. r <br />• 11. Successors and Assigns Bound-, Joint and Several Liability; Co- signers. The covenants and agreements of ; <br />Ois 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 BotroWtr who co-signs this Security ' 's•_ <br />1i struntent but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that > .t= ewsr's ::Sts.; of in the °;opery uli�u'e; rise Terms of this Security instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; aad (c) agrees that Lender and any other Borrower may agree to extend, <br />i modify, forbear or make any accommodations. with regard to the terms of this Security Instrument or the Note without <br />that Borroweeici e' nsent <br />12. Loan Cbargey.: If the loan secured b his Security Instrument is subject to a law which sets maximum loan <br />charges, and that .law .L.% frhJi ly interpreted so that the interest or other loan charges collected or to be collected in <br />1 connection with the loan exceed the tted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to redwt the charge to the peas» itted limit; and (b) any stuns already collected from Borrower which exceeded <br />Permitted limits ±gill be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note & by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge.under the Note. <br />13. I sNdon Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />renddring, and 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 invalri any remedies <br />p m.mtted by paragraph I9 If Lender exercises this ortiai , Lmderlsball take the steps specified in the second paragraph of <br />paragraph 17. �.� <br />14, Notices. Any notice to Borrower provided for in this Secur•ity•Iristrument shall be given by delivering it or by <br />mailing it by, f#st 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 Fender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or ahy other address Lender designates by notice to .Borrower. Any notice <br />Provided for in this Security Instrument shall be darned to have been given to Borrower or Lender wh=given as provided <br />in this paragraph. <br />15. 1174yerning Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in.w4kh the Property is located. In the event that any provision or clause of this Security Instrumen t or the <br />Note conflicts!sith ap*able law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect isith -out 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 pan 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 <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 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 ut enforcing this <br />°ifturity 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 rr ht% in the 11ro crt ' <br />oblt anon to g p Y and Horrnwcr's <br />B' pay the Burns secured by this 5ecunty Imtrument shall rmt :our unchanLCd 1'pun rcutstuitrnrnt by L. <br />Horrouer. 11w. Security Instrument and the ohhgattow. wcured heichy shall renr:ms full% cfir..•ti%v a'. if Tit l at eicr:rri,In h:ul <br />­CCUrrvd If WA ever. this right to reuutaic Shull nut apply in the casc of ,ret elerau, m under paragi,i ph% 1 t „r i, <br />