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1 <br />gg- 103275 <br />If Lender required mortgage insurance as a condition of making the loan secured by this Se•:ur ty Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such lima as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />11. Inspection. Lender or its agent may make reasonable entries upon and inspections of tho Property.. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for-the inspection. <br />9. Condemnation, 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 ofconditmnallon, are hereby <br />assigned and shall be paid to Lender. <br />In-the event of a total taking of the Property. the proceeds s1:•gll be applied to the sums secured by this Security <br />Instrument, whether or not then due. with any excess paid to Borrows }. In the event,of�a partitil1lpking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security: Tttstt`umcitt 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 Pmpertvr N abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle i claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is <br />gii.m. LAxder is authorized to college and apply the proceeds, at its option, either to restoration orrrepairofthe Property or <br />to the sumssecured by this Seguin Instrument, whether or not then due. <br />unless Lender and Borrow;„ otherwise agree in writing, any application of proceeds to principal sl(alI itot extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the aazuunc of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiter. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any w.ccessor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers 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 Borrower or Borrower's successors in interest. Any forbearance by Leader in exercising any rightor remedy <br />shall not be a waiver or-or preclude the exercise of any right or remedy. <br />Z1::: Successors and Assigns Bound; Joint and Several Liability; Co- signers. 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. 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 the Property_ under the term,. of this S -t:rity '!nstr umertt,.(W is not p`rso,naliy 61 -gal l iu 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 accotntnodations 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 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 />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 />sunder the Note or 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 charge under the Note. ' <br />13.. Legislation Affecting ,Imder's Rights. If enactment or expiration Of applicable laws has the effect of <br />renderingarty provision of the Noreor 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 remedies <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 />Lk Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it,'b� 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 Leander designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have bee t.given to Borrower or Lender when given as provided <br />in this paragraph. <br />IS-,- Governing Law; Sevembility. This Security Instrument shall be goserned 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 appEcable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given efrect without the conflicting 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 ;Vote 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 w•-itten 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 pro%ide a period <br />of not less than 30 days from the date the notice is delivered or mailed within w hick Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums pnor to the expiration of this period. Lender may invoke an) <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />Ifl). Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall hal-c the right to hase <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 tiny power Of sale contained in this <br />Security itrsitument; or (b) entry of a judgment enforcing this Security instrument Those conditions arc that Brirr,owcr <br />(a) pays Lender all sums which then would be due under this Security instrument and the dote had no acceleration <br />occurred: (b) cures any default of any other covenants of agreements: (c) pays all expense, incurred to enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fee,. and (d) tames such action as Lender ntdq <br />reasonably require t(i assure that the lien of this Security Instrument. Lender's rights in the Property and iJorrimer: <br />obligation to pay the sums secured by this Secunt) Instrument shall cnnunue unchanged Upon renioatement hs <br />Borrower. this Security instrument and theabhgauons secured hereb% shdll remain fulh efTrct,sc.,s if n,a,.rlcr.uum had <br />occurred Hrn%escr. this right to reinstate shall not apn)y rn the case (ifauele•ratton under raragrart,s i : w i, <br />_J_. <br />