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L <br />89-m. 100461 <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 Lendees written agreement or applicable law. <br />g. Iaelisetioe. Lender or iu 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. Cotie�tloa. The proceeds of any award or claim for damages, direct or consequential, in confection 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 takin& 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, Leader 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 />Unless Leader and Borrower otherwise agree in writing, any - application of proceeds to print r4 shall not extend or <br />postpone the due date of the monthly payments referred to in paragrt-ths I and 2 or change the am-- oat of such payments. <br />10. Borrower Not Relew* ; Forbev nee By lAnder Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sutras secured by this Sdcurity 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 requLmd to commence proceedings against any successor in interest or reuse W6 extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reawoofutuy 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. Soccessors and Amig n Boned; ,ulcer and Several Unbility; Co- signers. The covenants and - agreements of <br />this Security Instrument shall bind and benefit the succtssars 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: (m) ' is co- signins this Security Instrument only to mortgage, grant and convey <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 snake any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Chuges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is fatally 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 payniia4 tla Borrower. If a refund reduces principal, the reduction will be treated as ae . <br />partial prepayment without any prepayment cliarge under the Note. <br />13. Legl don Alfeetittg Lemlees 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, atits 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 />16. Notices. Any notice: ro Borrower provided for-in this Security Instrument shall be given by. delm eying 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 other address Leader designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall iae deemed to lrave been given to Borrower or Lender when given as provided <br />in this paragraph. <br />IS. Coveraiseg Law; Sevembility. This Security Instrument shall be governed by federal law and,the law of the <br />jurisdiction in which the Property is locate& In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with'ap;ikable law, such conflict shall not affect other provisions of this Security instrument or the Note <br />which den be giveri 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. Trisoder of tM Property or a Bareficial 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 ms's prior written corr=% Lender may. at its option, require immediate p y'ment in fhR of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lzrider if exercise is pribbibited by <br />federal law as afthe date of this Security Instrument. <br />If Lender, exarii;ises this option, Lender shall give Borrower notice of acceleration. The mice shall provide a period <br />of not less than 3t2rs from the date the no is delivered or mailod within which Borrower roust 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 />11. Borrowers 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 in enforcing this <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 nghts in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as rf no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />7 <br />r <br />,r <br />