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10 <br />100458 <br />r If Lender required mortgage insurance as a condition of making the hSeen secured by this Security Instrument. <br />8artow�r.�j� required to maintain the insurance in for <br />1 jh�ptemiums efrert until such time as the requirement the <br />idt'aa`sccordancx with Borrower's and Lender's written agreement or applicable law. <br />4, � �, �� loader or its agent may make reasonable entries upon and inspections of the Property. Lender <br />w*elsa #9ortowervtaeiceatrhe tithe to inspection for inspection. <br />live ofor prior an specifying reasonable cause the <br />9. Cosieataatloaw The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any oondemnation 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 exceu paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sutra secured by this Security Instrument shall be reduced by <br />the amount of the pmeeeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the taking. divid td 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 as award or sett3e a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice-is <br />given. Leader is vzr arized to collect and apply the proceeds. at its option, either to restoration or repair of the Property or <br />to the arms seduce@ by this Security Instrument, whether or not then due, <br />UnBess Leader and Borrower otherwise agree in writing, any application of preceeds to principal shall not extend or <br />postpom ft due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />11. Sommer Not Release* Fwbearaaoe By Lester Not a Waiver. Emmsion of the time for payment or <br />modification of amortization of the stems secured by this Security Instrument gradated by Larder to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrowees successors in interest. <br />Lender shall not be requited to commence pcoceedtap against any successor itt interest or' refuse to extend time for <br />payrawt or otherwise modify amortization of the stems secured by this Security Instrument by reason of any demand made <br />by the 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 />. <br />11. Successors aW Anive Boars* daunt and Several I hft(W, Co- signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the succme s and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements sba M be joint and several. Any Borrower who co -signs this Security <br />Instrum mt but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey <br />that Borrowe'r's interest in the Property under the terms of this Security Instrument; (b) is not personally.oblitated to pay <br />the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower may agree to extend, <br />- <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <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 im <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 />- <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 a <br />partial prepayment without any prepayment charge under the Note. <br />13. Ledalatiora Affeetfrrg Leader's Rigftts. If enactment or expiration of applicable laws has the effect d <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, sumo 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 />para&ig* 17. <br />14. Notices. Any notice toBorrower 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 Lender's address stated herein or any outer 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 />15. Govealsg 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 clause of this Security Instrument or the <br />Note cmtflicts with applicable lave, such conflict shat not affect other provisions of this Security Instrument or the Note <br />which an be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Noteare 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 Car 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 />F' <br />of not less than 30days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If BoOmwer fails to pay these sums prior to the expiration of this period, Lender rnay"invoke any <br />remediespermitted by this Secui ty Instrument witliGutrurther notice or demand on Borrower. <br />Ni. Borrower WRiskt..tarRel astute. if Borftiwer MMts certain conditions, Borrower shelf, ha Ve lh>e right to have <br />! <br />enfowcement of this Seou_rity Instrument d isebentituedf: at:any time prior to the earlier of: (a) S days fot such other period. as • <br />apphcable law may specify for reinstatement) befosc sale of the Property pursuant to any power of We centairied in this <br />� <br />See urdiy Instrument; or (b) entry of a judgment enforcinj this Security Instrument Those conditions are that Borrower: <br />(a) pays Lender'aH gums 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 />des <br />reasonably require to assure that the lien of this Security Instrument. Lender's rigbm in the Prop6gr and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />r' <br />Borrower, this Security Instrument and the obligations secured hereby shall remarry Quay effective as if no acceleration had <br />a' <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />