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F <br />1 <br />89--- 103301 <br />If Lender required mortgage insurance u a condition of making 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 Lenders written agreement or applicable law. <br />S. lagwetlon. Lender 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 />9. Condewnnda. 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 fiactimi: (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 balaxtae shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender >o Serrower that the condemnor offirs to <br />make an award or sd de a claim for damages, Borrower fails to respond. to. Lender within 30 days after the date the notice is <br />given, Leader 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 Lander and Borrower otherwise agree in writing, any appMuttion of proceeds to principal shall no extend or. <br />postpone the dw We of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payment. <br />10. parbwer Vot Released; Forbearance By Lender Not a Waiver. Extension of the time for payment ,of: <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 Borrower or Borrower's successors in interest. Any forbearance by Lender in exm- ising any right or remedy <br />shall not be a waiver of or preclude the exezeLw of any right or remedy. , <br />11. Sumesson and Assign Borsad; Joint aed 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. 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 Borrowers 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. and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any acc=modntioat with rte to the terms of this Security Instrument or the Note without <br />that Borrowers consent, <br />12. Loan ' Ifthe loan seethed by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted to 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 td the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits wib? be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or' making a direct payment to Borrower. Ha ref inn reduces principal, the reduction will be treated ass. <br />partial pr q ayrawt without any prepayment charge under the Note. . <br />13. Legislation Affecting Lenders Rights. 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 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: inethe second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail uffess 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 Letrdiees addroR hated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instminent shall be deemed to have been,gfven to Borrower or Lender when given as provided <br />in this,paragraph. <br />.45. Governing Law; Seinerability. This Security Instrument shall be governed by federal law and the law of the <br />jurisditdon in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with'4plicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect 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 Copp. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />' 47. 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 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 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 />IS. 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 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 expensv. incurred in enforcing this <br />Security Instrument. including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, I..ender's rights in the Property and Borrower <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. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17 <br />7 <br />_x <br />r . <br />:tttttlar�: <br />C� <br />4__ <br />