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-:�• 100505 <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 />shalt 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 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 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 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 />to the sums secured by this Security Instrument, whether or not then.due. <br />` Unless Lender aad Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of ttte monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower .Ntat. Released;. Forbearance By Lender Nut 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 shad 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 />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Cb- signers. The covenants and agreements of <br />this 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 Borrower who co -signs this Security <br />Instrument but does not execute the Note: (a) is cc- signing this Security Instrument onky 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 ticis Security It,sirumeni; 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 />that Borrower's consent:. <br />12. Lorin Cfsarges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and than lax is finally interpreted so that the interest or other Ioan charges collected or to be collected in <br />connection with the Ioan exceed the permitted limits, then: (a) any such roan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums alr 4 collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Leader 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 princnpat. the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicabte.laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceal4te: 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 invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option; :Leader shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower 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 Leader 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 Oven to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing I.aw; 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 conflicts with applicable law,. such conflict shall not affect other provisions of this Security Instrument or the Note <br />which care Ise given effect without the conflicting provision. To this end the provisions of this Security Instrument grid the <br />Note are declared to be severable. <br />16 Borrower's Copy. Borrower shall be given one cot formed cosy 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 Lender's prior written consent, Lender map, 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 InstrurcterLt. <br />If Lender exercises this option, Lender shall.give Borrower notice cfacceleration. The notice shall provide a; period <br />of not less than 30 days from the date the notice is deUvered c r mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay thesers;ums.prior to the expiration of this period. Lender may imcike any <br />remedies permitted by this Security Instrument without furr&r 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 in enforcing this <br />Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender rnav <br />reasonabiy require to assure that the lien of this Security Instrument. Lender's right% to the Property and Horrower's <br />obligation to,pay the sums secured by this Security Instrument shall continue unchanged ttpoll rctnst: +ternent by <br />Borrower, this Security instturnent and the obhgattons wcured hereby shall remain frilly c(lectiw as if no a. ceh•r.rrt, m had <br />4tccuncd However. this right toreinstateshall not apply tnthecasrr far:ccicratt�,n undet r.traerar+ts l t III i- <br />0 <br />t <br />h• <br />r <br />M] <br />