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104860 <br />If Lender require¢ t aple insurance as a condition of =1 11 the loan secured by4his Sc;uritk Instruments -- <br />Borrower shall pay the prefolunts required to maintain the insu artce in elrect until such'titme as the requiranent for the <br />insurance terminates in �COrdince writh Borrowees and Lender's written agreement or applicable law. S. bigeetioa. Fender or its,"ent may make reasonable entries upon and inspe>rtions of the Property. Lender <br />ilhall give Borrower notice at the time of or prtor.to an inspection specifying reasonable cause for the inspection. <br />9. CwMet amatlm The proceeds of any.sward or claim for drainages, director consequential, in connection with 4 <br />any cioetdemnation or other taking of any -part of the Property, or for conveyance in lieu of condemnation, are hereby <br />s 'a ssignetl 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 sectored by this Security <br />Initrumentt whether or not then due. with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unlen Borrower and Lenda otherwise agree in writing, the sums secured by this Security Instrument Shall be reduced by - <br />i 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 Leader 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 sutras secured by this Security Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />s postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />i lib 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 any 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 §hall not be required to commence proceedings against- any successor in interest or refuse to extend time for <br />payment orotherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made <br />f by theoriginal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver afar preclude the exercise of any right or remedy. ' <br />It. Successors and Assigns Bound; Joint attd Several Liability; Co-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 co- signing this Security Instrument only 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 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 instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charters. If the loan secured by this Security Instrument is subject to a taw which sets maximum loan <br />charges. and that law iti finally interpreted so that the interest or other loan charges collected or to he collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choow 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 principal, the reduction will be treated as a <br />{ partial prepayment without any prepayment charge under the Note_ <br />. M Legislation AKectfng'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 us 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 />Id: 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 mad unless applicable taw 7equtres use of another method. The notice %hall 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 Iorrower rrr Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall he 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 th:s Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy, Borrower shall be given line confonrtied copy of file Note and of this Security Instruuireut <br />It Transfer of the Property or* Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in it is solder transferred (or if a beneficial intcrest'in Borrower is sold or trans °,_, -e; d and Burrower i5 not a natural <br />person) without Lender's prior written consent. Lender may, at its option, require imnediate payment in full of all sure` <br />secured by this Security Instrument. However, this option shall tiott be exercised by Lcuder if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall gee Iforrowcr notice of acceleration. I'hc notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailecf within which ffnrrc+wcr must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to • the expiration of; his period. I.cuder may uivokc ally <br />remedies. permitted by this Security Imtrunw-rit without flirt hrr ftt+ttt•e',+r ttmatul run ttt.rrimrs <br />is Bonower's Right to Reinstate. If Borrower meets certain cr►r;ditions. Ilernmer shat) have the nphi to have <br />L enforcement of this Security lostrument discontinued at any tinic prior to the cat her is - y days for such other period as <br />applicablc law may specify for reinstatunent) before sale of the Property pursuant icy i:ny powcr of sale contained in this <br />Security instrurnetit; or (b) entry of a judgment enforcing, V-_-, Security Instrument 1 i:ose ccmditioos are that li rrowcr <br />(a) pays Lender all sums which then would be due under the Se. unity Instrument aid the Note had no ,i«eleraiimti <br />occurred; (h) curer any default of any dither covenants or agreements. (cy par , all elk).- ,rase, in. cured in coilor+.uif; rhis <br />Security instrument, including, but not limited to, reasonable attorneys' fees, and idt [tikes .udi &dram+ as I cnd!•r may <br />reasonably require to assure that the lien of this Sceunty Instrument. Lender's rights in the I'ro+perty and borrower's <br />obligation to pay the sums secured by this Sccunty Instrument shalt continue err: irani;cd. f l.,i+ rt`ir�r:►t_ni� °rat h: <br />Burrower, the. security instrument and file obhgattmns secured lierchy shill) rernaut fully rfle:: ti.r : it m, ac;clrratton )tart <br />occurred .11m.%ever, this right to tetnstate shall not apply tic [tie Law. 4Jacecleration under patagtaldr. 1? or l' <br />t� <br />a <br />h <br />_w = <br />