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r <br />L <br />10 <br />89--- 10 316 0 <br />If Lender n:,:cd mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Bairower: hall pay tJoe ptea»tartts required to maintain the insurance in effect until such time as the requirement for the <br />itnurattce terminates in acaordsom with Borrower's and Lender's written agreement or applicable law. <br />& 11"m Wdn :' ' Ustder or its agent may make reasonable entries upon and inspections of the Property. Lender <br />%Wgine Borrower notice atihb time of or prior to ars inspection specifying reasonable cause for the inspection. <br />9. Co■dsimmatiat. 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 />assigtned and "I be paid to Leander. <br />In the event of a total taking of the Property, the proceeds sW. be applied to the sums secured by this Seecuft <br />Inattus aL whether or not then dtm with any excess paid to Borrower- g r. the everrt etf a <br />unless Borrower Lead moiler d�tlaatarise agree in writing. the runners sects e& by, this �� � � �� <br />the anaasiltt of tit:. �'u�Y Itgtntmtx�t s� b�ct�dnoed by <br />*ttWied by the following fraction: (a) the total amount of the sam �smc' red immediately <br />bieltjee the taking. divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paidtoBorrower. <br />If the Property is aboadoiind 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, 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 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 Rdeassift Forbseraace By Loader 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 shall not 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 BrKrower or Borrowers successors in interest. Any forbearance by Lender in exercising any right, or remedy. <br />shall not be waiver ofor preclude the exercise of any right or remedy:. <br />IL. Srccemm and AsdNW Bs* JOiat Lad Serreral UsbdfW Co sigaea. 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. Borrowers 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 turps .f_eeured,hy thie .lRoe•ssrity l t ' mu and (c) -W-- that - >ty,`..t., = and a't'e' who, OW-B-1 6::c0- clay -&giii in cxieno, <br />modify, forbear or mare any aeeotntnodations with regard to the tennis -of this Security Instrument or the Note without <br />that Borroweesaansent. <br />IL ]Loan ChOWL If the lout secured by this Security Instrument is subject to a law which sets maximum loan <br />charges. and that law is finally; ihterpreted so that the interest or other loan charges collected or to be collected ion <br />connection with the titan exceed the permitted limits, them: (a) any sucli loan charge shall be- reduced by the amount <br />necessary to reduce the'charge to the permitted limit; and (b) any sums already colkae d from Borrower which exceeded <br />permitted limits wiU 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 />Perri prepayment without any prepayment charge under the Note. <br />13. ]o*latWa Affreetlat Leaekr's Rising. it enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrurs mt unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security lnsrmrment and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option; Lender shall take thesteps specified in the second paragraph of <br />paragraph 17. <br />14. Notleea. Any notice to Borrower-provided for in this Security-In strument shall be given by delivering it or by.. <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 Leunder's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in thisSecurity Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. G%vnftt Law; Set+eraliliry This Security Instrument shall be 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 this Security Instrument or the Note <br />which can be given edf'ect without the cotnsict:ing provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's CIPY. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. '1'081110111* of the Property or a Beneficial Iate:rext is 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 prier 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. exercise dE -by Lender if exercise is prohibited by . <br />federal l>!w as of the date of this Security Instrument. <br />.:1f Lender exercises this option, Lender shall give Borrower nod 6e of acceleration. The notice shall prcnvi e a treree d <br />of not leers than 30days from thedate the notice is delivered or mailed within which Borrower must pay all sums secured. , <br />this Security 1=94mment. If Borrower fails t opay these sums prior to the expiration of this pe rkW, Fender may invoker ay. . . <br />remediespermittedby this Security instrum =- twithout further notice wdemandon Borrower., . <br />lit. Bserraw11s's Ryrt to R11iaeltate. 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 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 />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />resswubly require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged Upon reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had <br />occurred Nowever, this right to ranstateshall not apply in the case of acceleration under paragraphs I i or 17 <br />1 <br />