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F <br />L <br />89-= 100495 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument. <br />Borrower shall pity tlgr prsta a" required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates inaccogdanot with Borrower's and Lender's written agreement or applicable law. <br />a. InspeetMe. 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 proceeds of any award or claim for damagm direct or 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 sums secured by this Security <br />Instrument, whether or loft then due* with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrowem and Lender othertise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount eld, proceeds mu ltipW by the followirtS ftziearr (a) the total amount of the sums secured immediately <br />Were the tag M4, divided by (b) the fair market value of tie ftgerty immediately before t1h-. taking. Any balance shall be <br />p onto Bom wer. <br />If thl: Property is abandoned by Borrower,, Qr if, after notice by Lender to Botroww'that the condemnor offers to <br />M3lke Pub $murd or settle a claim for damages. Borrower fails to respond to Lender within 31J days after the date the notice is <br />ge , ILet ds authorized to collect and apply the proceeds, at its option, either to restore n or repair of the Property or <br />tees tesums secured by this Security Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds; ao principal shall not extend or <br />postpone the date date of the monthly payments referred to in pararraphc t a tVI 2 or Ctrs" :a khe Mount OF such payments. <br />10. Borrower Not Released Forbearance By lender Not a Wali4m, Eit Q of the time for payment or <br />modification of amortization of the swims secured by this Security Innrij&rk et grar.Wr - Foy Lender to any successor in <br />interest of Borrower shall not operate; to mlesse tlttr liability of ft crigitz ! &mtower oe Dorrowefs successors in interest. <br />Lender shall not be required to commence prfjc*� dogs agaifIma arty suci r in interest or refuse to extend time for <br />payment or otherwise modify amortization atthe sum secut e4by this Security lnstrumt i by reason of an demand made <br />b the Y <br />y original Borrower or Borrower's strrxess4ra in �aterest. Airng; i`orbearance by Lecidfi: � exercising any right or remedy. <br />shall not be a river of or preclude the exercise oi'in .itgbt or rtm dy. <br />11. Saettesaoss and Assigns 801114- Joint tied Several Liability; Co- signers. tt covenants and &greenwm of" <br />this Security Instrument shall bind and benefit the slumssors and assigns of Lender and Darrower, subject to the provisions' <br />of paragraph 17. Borrower's covenants and agreements'shall be joint and w%=&l,L Any Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is co- signing this Security Inkrmement only to mortgage, grant and convey <br />that Borrower's interest in the Property trader the terms of this Security Instrument; (b) is not personally obligated to nay <br />the sums secured by this Security Instrument; and (c) agrees thit Lender and any other B arrower 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 />that Borrower's consent. <br />12. Loan Ctiarem 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 cas".ected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shalt" be. reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from, Botsrow•er which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make ibis refund by redi Cron'& the principal owed <br />,=dk:r the Note or by making a direct payment to Borrower. If a refund reduces principal;, the reduction will be treated as a <br />+si M pri wymett without any prepayment charge under the Noss. <br />legislatios ANeed" Lead;r's WSW If enactment or expiration of applicable laws has the Ada of <br />rendering any provision of a,}te Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />'may require immediate ps)ment 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 specifiod in the second paragrapbW <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument sbzUbe given by delivering ft: 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 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. Goveraing 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 theevent that any provision or clause of this Security Instrument or the <br />Niue conflicts with applicable law, such conflict shall not affect rather provisions of this Security Itnm=ent or the Note <br />',which can be Oven effect without the conflicting provision. To tlihs end the provisions of this Security Instrument and the <br />Note are deck ed 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 Inteoest 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 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 shalt 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 />1111. Borrower's Rigit 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 rights 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 if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />11 .f. <br />i <br />t• <br />tn� <br />M <br />