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r <br />i <br />104870 <br />c <br />4 <br />t'_ <br />required <br />'Leader required: ge t ee, as a con#ition of making the loan secured by this Security Instrument. <br />. t . tTteuisur>ittc -itti t— urititsueh time as —tf "meet oT=r tTie <br />� p4�40 "WO Borrows�r -.AW t,ettdee written agreement or applicable law. <br />- <br />i <br />a: IasleeWm� - 146der or ii -agent may snake reasonable entries upon and inspections of the Preperty. Leader <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />i <br />9. Coodeamttlioa. The proceeds of any award or claim for damages, direct or consequential, in connection with, <br />S <br />` <br />any sondemnatiott Or other taking of any port of the Property, or for conveyance. in lieu of condemnation, are hereby <br />t <br />y . <br />assigned and shall be paid to Lender. <br />' <br />in the event of a total taking of"the.Property, the proceeds shall be applied to the sums secured by± this Secirity <br />- .. . <br />Utsiriinienf, wheiher or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />j <br />unless Borrower atKM=der otherwise agree in writing, the sutras secured by this Security Instrument shall be reduced by <br />- <br />the,smouat of the proee0i 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 />: <br />snake an award or settle a claim for damages, Borrower fails to respond to Lender wi ti :in '0 days rtei the iat • the no 'ice tis <br />givM Lender is authorized tocolkct and apply the proceeds, at its option, either to restoration or repair of the Property or <br />• <br />f <br />to the sums secured by this Security Instrument, whether or not then due. <br />? <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone thedue date of the monthly payments referred to in paragraphs l and 2 or change the amount of such payments. <br />` <br />10 Borrower Not Release* Forbearaaee By )Lander Not a Walver. 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 Borrbwer 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 />? <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 />IL SNMWOts sad Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of <br />} <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />ofparagmph 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 Charges. If the loan secured by this Security Instrument 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 of to be collected in <br />A <br />connection With the loan exceed the permitted limits, then: (a) any such loan charge shall be-reduced by the amount <br />1 <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 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 principal, the reduction will be treated as a <br />' <br />partial prepayment without any prepayment charge under the Note. <br />13. Legialatios ARectiag Leader'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 rernedies <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 />tr <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 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 />: <br />13. 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 *e event that any provisionor clause of this Security Instrutent or &C, - <br />Note conflicts with applicable law. such conflict shall not affect other provisions of this 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 he severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy 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 pray, 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 asofthedateofthisSecurity instrument. <br />lf"Lender exercises this option. Lender Shall give Borrower notice of acceleration. "I he notice shall provide s period <br />of not less than 30 days from the date the notice is delivered or mauled within which Borrower must pay all sums secured by <br />" <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 by thia:Se{!ttrity tns#ument without further notise air demand ern lictrrawcr: <br />18. Borrower's Right to Reinstlite. If borrower meets certain conditions, fit wrimcr shall have tfie right to have <br />enforcement of this Security Instrument discontinued at anytime prior t o t he earlier of: (at 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant tit any power of ~ale contained tit this <br />7 <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument Tito f a conditions are that BurrOwer: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no aceclerttnin <br />occurred; (b) cures any default of any other covenants at agreements; (c) pays all expenses incurred tit enforcing this <br />N <br />Security instrument. including, but not limited to, reasonable attorneys' fees: and Wt tak6% such action Is I cider may <br />� <br />reasonably require to assure that the lien of this Security Instrument. 1-t:rnder's rights in the Property anti h,,rt, :wer'ti <br />obligation to pay the sums secuted by this Security Instrument shall continue unchanged. ( apon reinstatement by <br />s <br />Borrower, this Security Instrumebt and file obhgatiom,securcd hereby shalt remain fully c reali c a, if n„ afccletatitm had <br />. .. <br />occurred. However, this right to reinstate shitlf nut a 1 y tit the c i�,•ofacceletattonvnder <br />g PP y t• ;tr,,i,rahlt-, t nr i" <br />r <br />