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F <br />L <br />i <br />89-- 102840 <br />If Lender required mortgage insurance as a condition of making the loan secured by ihir. erre' rarity Instrument. <br />Borrower shall pay the premiums required to maintain the insurance 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 />t Q. lmspw lom. Lender or its agent may nuke reasonable entries upon and inspections of tho Property. Lender <br />1411 give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inap(+ction. <br />9. Condetonation. 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 errant 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 Mowing fraction: (a) the toW amount of the sums secured immediately <br />before the talent& 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 i.Vtidemnor offers to <br />make an award tvr settle a claim for damages. Borrower fails to respond to Lender within 30 days after tRrE idate 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 />Unless Lender and Borrower oiherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change.the amount of such payments. <br />10. Borrower Not Released; Forbewam By Leader Not a Waiver. Extension of the Carne for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender tog any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Bort+,iwees successors in interest. <br />Lender shall nat be required to commence proceedings against any successor in interest 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 Borrower or Borrower's successors in interest. Any forbearance by Lender in exercisinIS any right or remedy <br />shall not be a ii►ahvrof or V=Iude the exercise of any right or remedy. <br />111. Saicceom glad A iaip s Bomad; Joint and Several Liability; Co- siltaers. The covenants and agreements of <br />this Security instrument shalt bind and benefit the successors and assigns of L.cnder and Borrower. subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Burrower who co-signs this Security <br />instrument but does not execute the %ate: (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 />modifV. foifiear At iltslse any srrnen a�tw=i�gg will; :t rLa !� t1t: t.�.:t:5 of :hiS .ca —Urit3 IT,3iiiiii=cii or t =ic ,s iGic sviiltuui <br />that Borrower's consent. <br />IL Loma Ctiarages. If the lnan w. ured by this Security Instrument it subiect 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 loan eaceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the cfwge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to &,- mower. Lender may choose to make this refund by reducing the principal owed <br />under the Dote air 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 char&4 tender the Note. <br />13. Ledflattom Afftedag Lender's Rigrts. 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 fu[b of all sums secured by this Security Instrument and may invoke any remedies <br />permitted bypa ngraph 19. If Lender taercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any i:ratice to Borrower provided for in this Security instrument shall be given by delivering it. or by <br />mailing it by first class marl unless appLeable 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 green by <br />first class marBto 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. Gqperaimg Law; Severability. '1'Itis Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in. which the Property is Coca twit In the event that any provision or clause of this Security [ nstrument ar the <br />Note contlicts.with applicable law, swb. ea ,,��c t shall not affect other provisions of this Security Instrrment or the Note <br />which can be given effect without the confliciirg '9r6vision. To this end the pro"'Sions of this Security, fastrulment and the <br />Note are declared to be sesecabte. <br />16. Borrower's Copy. Borrower shall be green one conformed cops of the Dote and of this Security Instrument. <br />17. Toaster of the PtroAerty or a Beneficial Interest in Borrower. If all cr airy part of the Propcny 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 shall provide a period <br />of not less than 30days 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 by this Security Instrument without further notice or demand nn Borrower <br />18. Botrowtes R*bt to Reinstate. if Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of this Security instrument discontinued at any time prior to the earlier of (3) 5 day-, (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, or (b) entry of a judgment enforcing this Security instrument Those conditions are that Borrower <br />(at pays Lender all sums which then would be due under this Security Instrument and the !dote had no acceleration <br />,wcurred. (b) cures any default of any other covenants or agreement%. (c, pays all expen %ew incurred in enforcing this <br />Security Instrument, including. but not limited to, reasonable attorneys' fees, and (d) takes such action ac 1 ender coati <br />reaumably require to assure that the hen of this Security Instrument, i.ender'% rights in the Properly and florrilwer % <br />(ifaligai:an to pay the tunic secured by thi; St -cunt. Instrument shall continue unchanged t p(in reurtitaternrni h% <br />Borrower, this Sttunty instrument and the obligation. secured hrrehy Shall remain fully rfleciivr a, a n+ ao clmoi.m h.id <br />,y t urred However this nght its reinstate %hall not apply in the case (d ae(.eleratioo under paragraphs ; ,sir I . <br />b, <br />or <br />t• <br />so <br />try <br />