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r <br />L <br />1 <br />89-101380 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security instrument, <br />Boffower shall pay the premiums required to maintain the insura= 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 />B. Ingreetlee. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time ofor prior loan inspection specifying reasonable cause for the inspection. <br />9. Coademeation. The proceeds of any award or claim for damages, 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 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 />U vk%Lender and Borrower otherwise agree in writing, any application of�r&vcds to principal shall not extend or <br />pestpone rhe due date of the monthly paycrtettts rcb!rred to in paragraphs I and 2 brr�ge the amount of such payments. <br />11, . Borrower Not Released;, Fecbeariaat� By Leader Not a Wx&er. E���on of the time for payment or <br />11-ZAificV,'rm of amortization of the stuns seemed by this Security Iii. went gra=l by Lender to any successor im <br />i�teregfiaCtitsrrower shall not cperatet,3 release the liability- driiie original Borrowerar Borrower's successors iminterest. <br />Mender shell not be required to cem. mence proceedings ag�st any successor in 'itturest 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 Boffowerar Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver ofarpreclude tae exercise of any right or remedy. <br />It. Successors and Assigns Found; Joint and Sewc* Liability; Co sig tern... The covenants and agreerarrents of <br />thisSecurnt1 Instrument shall bind and benefit the successors amf assigns of Lender aiid Borrower, subject to the previsions <br />etpamgraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs tests security <br />Efts but does not: execute the Note: (aj is co-signing this Security.lostrument only to mortpge, grant am3 convey <br />ttzat Borrower's interest in the Property undr the terms of this Security Instrument; (6) is not persondlly obligh9d to pay <br />the sums sa-ured by this Security Lmar s;; ;-td (c) agrees that Lender and any other Borrower may agrx to extend, <br />modify. forbear or make any accomrred; ki& s with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />IL Loan Charges. if the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />chargm and that law is finally interpreted so that the interest or other- loan charges collected or to be collected in <br />ccnnex:Oao with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount . <br />iteeesszry, to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />peernititd limits will be refunded to Borrower. Lender may choose to make this refund by reducing the princip-t awed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be traw as a <br />partial prepayment without any prepayment charge under the Note. <br />11. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has tiiu..r:T.-ect of <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 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 />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 unien applicable law requires, use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designate: 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 a,ydress Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to ErL' c been given to Borrower or Lender «fzen given as provided <br />in this paragraph. <br />15. Governing Law; SevtW4- lity. This Security Instm aient shall be goverrmat by feder xt'taw and the law of the <br />jurisdiction in which the Property r, legated. In the event that any provision or clause of this SecLdty Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other prowisi:ons of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end t:he provisions of this Security Instrument and the <br />Note are declared to be severable;. <br />16. Borrower's Ccpy, ikirrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Prepeimy ore Benefleial Inttrtst in Borrower. if all n_r any part of the Property or an <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transC,-VreQ and 13c rrawer is not a natural <br />person) without Lender's prior written consent, Lender may, at its option, require irr=,uii -ae payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by 'Uwiter 'if exercise is prohibited by <br />federal law as of the date of this Securtty Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of aceeleratif -m. The notice shall 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 b9- this Security instrument without further notice or demand on Iiarrower. <br />It i°.orrow is Right to Reinstate. If Borrower meets certain conditions, Cii:rrciwer shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier cf-(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; ox (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. <br />(a) pays Lender all sa=s 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 />incurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 <br />� <br />V <br />fu?l <br />F� <br />I <br />