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F <br />(� 89-- 1 03059 <br />if lender required mortgage insurance as a condition of snaking 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 requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />s. I11111111ectiai. tender or its agent may make reasonable entries upon and inspections 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 />!. Coadtmastion. 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 fait mm.arket 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 />snake an award or settle a claim for damages, Borrower fails to respond to tender 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 />Unless Lender and Borrower otherwise 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 Releaser; Forbarsom 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 Bormwer 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 amortizatitm 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 />11. Saooesiors and AssiM Booms Joint and Several Lisbility; Co,signetrs. The covenants and agreements of <br />this Security instrument shall bind and betiefit the successors and,assigns of Lender and Borrower. subject to the provisions <br />ofparagraph 17. Borrower's covenants said ggreements shall be join. 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 />:hs.' = 'o~ "'o :.,i'rwt :. the .ir UUMT the terms of this purity 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. Lou Charges. If the loan' sciarred by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpr�Ced so that the interest or other loan charges collected or to be collected in <br />connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necemary 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'dircct payment to Borrower. If a refund reduces principal. the reduction will be tre ted,as a <br />partial prepayment without any prepayment charge under the Note, <br />13. Leglakdon AQeeft Leader's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of th a Note or this Security Instrument unenforceabIrrouwrding to its terms. Lender, at its option, <br />may require immediate payn'reait in full. of all sums secured by this Security instrument and may invoke any 'remedies <br />permitted by paragraph 19. if Lender em.fC! alit this option. Lendershall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to 1 orrower provided for in this Security Instrument shall be given by deliirering it or by <br />nailing it by first class mail unless applicable law.rquires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower desilingtes by ndtiiae to Lender. Any notice to tender shall, be given by <br />first class mail to Lender's address stated. illr:raein.br anyat.bgr address lender designates by nulice to Borrower.. Any notice <br />provided forin this Security Instrument'sUi be deemed ti2liaue beers given to Borrower or Lender when given-as provided <br />in this paragraph. <br />15. Governing Law: Seirttrshf4ty.. This SW *y Instrument shall begovemed by federal,law and the law of the <br />jurisdiction in which the Property is locko. In the event that any provision at clause of this Security Instrument or the <br />Note conflicts with applicable law, su h: i ntlict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conoiictiing 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 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'pxrt -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. tender 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 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 ins Mice any <br />remedies permitted by this Security Instrument without further notice or demand on horrowcr <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall llasc the right to tease <br />erdorcerncm of this Security instrument discontinued at any time prior to the earlier ((f (a) S days (or such wher jvri(A its <br />applicable law nta) specify for reinstatement) before sale of the Property pursuant to any prwcr of sale 4.ontained tit lh6% <br />Security lastrument. or (b) entry of a judgment enforcing this Security instrument Those condmon%are that Iforieiwer <br />(a) pays Lender all Sum', which then would he due under this Security instrument and the Note had t7(s at.Ccler11t:t1i1 <br />mcurrcd. ib) cure; any default of et►v (other cinctiants or agreements (c) pays all erlien,^ tnl:urfrd m entiirtnl); if-w. <br />5fturity It::it:fin:At, Including. but'tod irrnrtord to. reasonable attorneys' tee%, and (dt lakes %uJi Jown A% I c'tid;n Ilia% <br />reaw,siahl) require trl assure that the horn (7f this Security Instrument. I ctider's right,, to th( 1'ttq><tt� att11 Itrr +.•Kee . <br />bbligalrtdl to) h): the %uni* secured by this Security instrument hall ..,.711,r1[le 11TI haUgell t 41,•il rrtl,.l.ttcl::cfit r,� <br />l.((1trt.AC1'- fl1l'. ktiu�tsy iratruntcnt artd it2tt�nlig:eh(msscc.ured hercl,} �l,it41 wilia111 lull. rflt'kllaa• •ir 11 1w lit 11'l•'t,, ^,1 •L lt. ,l <br />19e,Q urred Ilow t•ker.IN% nitht to reimlate chap Sint arltl}!n Ihr users•! a:. r`^ rri ;- »e,n1f••rl•.rragr.+;•!t.'},.- <br />'s <br />l n. <br />s <br />a� <br />ta+ <br />i <br />