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- 1 <br />89-- 103116 <br />If Lender required anarigage 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 />9. Iaspectioo. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall hive Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9, Condeanatim. 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 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 />make an award or settle; a claim for damages, Harrower fails to teq-1cetd to Lender within 30 days after the date the notice is <br />given. Lender is authorized to collect and apply the proceeds, at itsbpfien, either to restoration or repair of the Property or <br />to the sums secured by this Security Instrument. whether or not tCli dire. <br />:igkss Lender and Borrower otherwise agree in writing,'any'agpl�tion of proceeds to principal shall not extend or <br />postpond the due date of the monthly payments referred to in paragrap. s. I and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbareace By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sutras scored 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 shall not be required to cgmimence 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 srreoessttftis in interest. Any forbearance by Lender in exercising any right or remedy ' <br />shall not be a waiver ofea. preclude the exercise of any right or remedy. <br />11. Saeeessm and Assigns lard; Joint and Sevsral,Liability; Co- signers. The covenants and agreements of F'= <br />this Security Instrument shall bindamibenefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of patragr h 17. Borrower's covenadti 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 nercnnally ahliaanted to 1"�y <br />the mmwsecmed 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 Borrowers consent. <br />12. Loan C7tatetes, If the loan securg3 ity this Security Instrument is subject to a law whi . , sets maximum loan <br />charges. and that law isr finally interpreted so that the interest or other loan charges collected'or to be collected in <br />connection with the Ioan 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 choose to make this refund by reducing the principal owed <br />under the Note or by nroldrtg a diiwt payment to Borrower. If a refund redo des principal, the reduction will be treated as a ..: <br />partial prepayment without any prepayment charge under the Note. <br />a Legisku" 'Afl'ectiag Leader's Rights. If enactment or expiration of applicable .. laws has the effect of <br />rendering any provision of thor Nottar this Security Instrum.nfunenforceable according to its terms, Lender. at its option, <br />may require immediate paypmr to V u 11 of all sums secured by'this Security Instru= t and may invoke any remedies .. <br />permitted by paragraph )19: If Lender exercises this option, Lender` chair tale the steps specified irx tb5 , second paragraph <br />paragraph 17. Ps Pec P graph of <, <br />16. Notices. • 'Aby 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'" of another method. The notice shall be direded to the ? . <br />Property- Address or any other address Borrower designatm.t*'notice to Lender. Any notice to Lender shall 6�given by <br />first class rniil to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice } <br />provided for in this S..e , urrty Instrument shall be dgcmed to have been given'to Borrower or Lender.%hen given as provided <br />in this paragraph. <br />15. Governing I;atw; Sever*ility, This Security Instrument shall be governed by Feder. g Caar and the Caw of the <br />jurisdiction in which the Property: 6';focated. In the event that any provision or clause: of lthis,Secutity Instrirnrextt or the <br />Note coNiicts with applicable faw. ch conflict shall not affect other provisions of this Securitk Instrument or the Note <br />which can be given etf°ca without tiie conflicting provision. 'i'o this end the provisions of this Security- Instrument and the <br />Note are declared to bcseverabte. <br />16. Borrowers Copy. Borrower shall be given one conformed 'copy of the Note and of this Security Instrument. <br />17. Treader of the Property or a Beneficial Inteseat- io 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 9orrower is sold or transferred and Borrower is not a natural <br />person) without Lenders 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 eru-xcise is prohibited by <br />federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'I he 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 invoke any <br />remedies permitted by this Security instrument without further notice or demand on Borrower. <br />I$. Borrower's Right 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: (a) 5 days (or such other periexl as <br />L 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 />(a) pays Lender all sums which then would be due under this Security Instrument and the Nate had no acceleration <br />occurred. (b) cures any default of any other covenants or agreement,,, (c) ass al) cx <br />g p . penscs incurred in enforcing this <br />Security Instrument. including, but not limited to, reasonable attornos' fees. and (d) takes such artRE,n its F undcr may <br />reasonably require to assure that the lien ( _f thm Sccunt) Instrument, Lenders rights to the Property .std llornvwer's 'f <br />obligation to pay the sums secured by this Security Instnsmcnt shall Lowintw miLhan Upon port row tetetrtt•nt by <br />!k,rtuwer, thts Sec,arny 1w,trurnent and the obhgultonssci;urcd hrrchy shAl rent.ttn ht1116 cftrcutie as 11' fill acukititvr 11,td <br />twcinred ffwAc, er, this right to reinstate shall not apply art file ..;tv t-! aitcicr.ttr, •r, undt•r pm,,gr.tpho. I � sir 17 <br />