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i ^t pA%°-. y f,� r ,.y1y w1-. d Ems. 7• ..,. a: sc v` Y ^.+. }aa .i i l"' '`` 9 Yr, �. .� <br />shy t ate' + 0" +- •,*y�Y,`4* <br />c n c Y y,yr ski, }r <br />yap. <br />er <br />S9- 102111 <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 requbvinew 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 Crake reasonable entries upon and htspections 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. Th_ 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 ei 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 immed� tely <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shbe <br />paid to Borrower. _ <br />If the Property is abandoned by Borrower, a if, after notice by Lender to Borrower that the condemnor offer> to <br />make an award or settle a claim for damaged, Borrower fails to respond to Lender within 30 days after the date' he 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 />io ;!ie sutras secured by this Security Instrument whether or not then due. <br />Unteai Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall riot extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 ar change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not 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 arty 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 required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amonization of the sums secured by this Security instrument by reason of any demand made <br />by the ori.-inal 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 Msigns Bra ;.d; Join, and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument steal! bind at:__ "'-- iota 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 r--signs this Security <br />Instrument but does not exect:ae the Note: (a) is co- signing this Security Instrument oaly to mortgage. grant and convey <br />that Borrower's i ;serest in the Property under the terms of this Security Instrument; (b) is no', perxonally 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 make any accommodations with regard to the terms of this Security instruraent or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrumert 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 collected or to be collected in <br />connection with the ican exceed the permitted limits, then: (a) any such loan char,,-,c shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already coilected 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 snaking a direct paym :nt to Bc °uwer. ?f a refund reduces princ;nal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the ,dote. <br />13. Legislation Affecting Lender's 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, 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 parcersrh.! 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 unless applicable law requires use of another method. The notice shall be dirwcd 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. Governing Lary; Severati!ity. 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 [tic Note <br />which can be given effect without the conflicting provision. To this end he provisions of this Security instrument and the <br />Note are declared to be severab ;e. <br />16. Borrower's Copy. Borrower shall be given one conformed cony of the Note and of this Security Instrument. <br />17. Transfer of the Property ui 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 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 Eliall 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 pate these sums prior to the expiration of this period, Lender may invoke, any <br />remedies permitted by this Security Instrument ",%ithout further notice or demand on Borrower. I \ <br />18. Bur rower's Right to Reinstate. if Borrower meets certain conditions, Borrower shall have the right to ha�vc <br />enforcement of this Security Instrument discontinued a. any time prior to the earlier of: (a) 5 days (or such: other period as <br />applicable law may specify for reinstatement) before sole of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry u. q 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) ;gays all expenses incurred in enforcing this <br />Security instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such , -ction as Lender may <br />reasonably require to assure that the lien of this Security instrt,,ment, Lender's rights in the Property and Borrower's <br />obligation to pay the sttms secured by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security i ::strument 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 acceleraticn under paragraphs 13 or 17. <br />