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F 1 89' 100595 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, BWOwqq, only tie fes*ums required to maintain the insurance in effect until such time as the requirement for the rt►ttc� terrpirtstepiq�iWW dance with Borrower's and Lender`s written agreement or applicable law. IL robe&. :kneader or its agent may make reasonable entries upon and in Borrower t>atieestt the time of or nor to an i p°tians of the Property. l ettder p inspection specifying reasonable cause for the inspection. 9 CoNenaatioa, The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation .or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, tra unless Borrower and Lenider otherwise agree in writing, the sus secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemnor offers to snake an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the proceeds, at its option. either to restoration or repair of the Propecty or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. iB. 13'"mwt-- Net Re!=A horba�e By tender Not a Wainer. Extension of the time for payment or modification of amortisation of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any suacessar in interest or refuse to extend time for payaaent or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand trade by the original Borrower or Borrower's successors in interest. Any forbesmnw. by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 11. Saaeassora ad Amt u Btu Joist sad Several LiMb llt , C*-$igaers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lewder and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and sev=L Any Borrower who co signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage; grant and convey tlw posse:' la i-aW. iu:he rivtzriy under the term of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12, Lose Charm If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection -with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected fow Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to snake this refund by reducing the principal owed under the Note or by makings direct payment, to Borri *er, If a refunr_t reduces principal, the reduction will be treated as a lartiall prepayment without any prepayment charge under the Note. 13. Legislation Affecting Letderes Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragaph of paragraph 17. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall -be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. IS. Qneretratag Lttw; SeveeabWty.. This Security Instrument shall be governed by federal law and the law of the jurisdiction tit• which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conllicta' with applicable law, such conflict shaR not affect other provisions of this Security Instrument or the Note which can bee effect without the contacting provision. To this end the.provisions of this Security Instrument and the Note are declared to be severable. 16. Barrsweres Copy. Borrowet.shall be given one conformed copy of the Note and of this Security Instrument. 17. Tntater of the Property or a Beneficial Interest in'Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower's not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this'opticn sha4mot be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Iatsttument. If Lender exercises this option, Lender shall give Borrower' notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, tender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 16. Borrower's Right to RelasWe. If Borrower meets certain conditions, Borrower shall have the right to nave enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for. ri rtaOatement) before sale of the Property pursuant to any power of We contained in this Security Instrument; or (b) entay of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 M7 ,- - r` tip I