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F <br />90-- 105642 <br />rif Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />1 Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance letminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. 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. Coademaatioo. 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 coadminition, 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 amouns 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 ofiets 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 />It Dorrower Not Released; Forbearance By Leader Not to 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 Wwrower 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 utherwise aiudify amorlwatiou of the sums secured by ibis Security Instrummmt by reason of any demand made <br />by theoriginal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any nght or remedy <br />shall not be a waiver ofor preclude the exercise vf-any right or remedy. <br />11. Successors and Asoilg s Bound; Jointt 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 bH ;!rower. subject to the pr(wisions <br />of paragraph 17. Borrower's covenants and agreements shall he joint and several. Any Okarrower 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: (h) is not personally obligated to pay <br />i the sums secured by this Security Instrument: and (c) agrees that Lender and an) other Iorrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Secure^ Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Secunty Instrument is subject: ;r a law which Sets maximum loan <br />charges. and that law is finally interpreted %c► that the interest or othe- lean charges collected or to he collected in <br />connection with the loan exceed the permitted la.mifs, then. (a) any such loan charge shall he reduced by the amount <br />necessary to reduce the charge to the permitted limit. and r(F.t' any sums already collectod from Borrower which exceeded <br />permitted uamras will be refunded to Borrower. Lender ma}. 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 />partial prepayment without any prepayment ch.,mic under the Note. <br />13. Wslatdou Affecting Lender's Rdgbts. If enactment of enssiration of applicable laws has the et%ct of <br />rendering any provision %4 the Now or this Security Instrument unenforceable according to its terms. Lender, at its Option, <br />may require immediate payment on -Full of all sums secured by this Security instruorient and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option. Lender shall take the steps specified in the second pacmi aph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall he giserr iT) delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. I he notice shall be direewd io the <br />Property Address or any other address Borrower designates by notice to Lender Any notice to Lender shah the g; yen by <br />first class maul to Lender's address stated herein or anv Other address Lender designates by notice cq Borrower..Ar. % notice <br />provided for in this Securaty Instrument shall he deemed to have been given to Borrower or Lender when given as pt*a►vided <br />in this paragraph. <br />ti. Crovervoleta�. "Tsui; r►everoMlity. 'This Sec•untn Instrument sl; :t ne governed by federal lav► and the law of thr. <br />jurisdiction on which the Property ti, 'seated. In thee, cut th;.u., my provision or claw 2' this Security InscrunTivvia- or the <br />Note conflicts with applicable laps. ,,wh conflict shall not aitf&z other provisions of chrct Security Instrument ,,,,r ilie Note <br />which can be given ehTeet without the conflichng provision. To this end the provmons of this Security Instrument and the <br />Note are declared to be severable. <br />86. oilrivw s i vpY. nvrrowcr snaii 'vc given cane ccmic•rnied copy of the ivoie and of t nn Security instrument. <br />17. Trainder of the Property or a Beneficial Interest in Burrower. If all or any part of the Property Or tin) <br />interest in it n sold oar transferred (or if a beneficial : nterest in Borrower is s,1ld or tramferred and Harrower is not a natural <br />person) without Lender'% 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 hr 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. f he notice shall provide a period <br />ofnot less than 10daysfront the date the notice is delivered or mailed within which Iorrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums pnor to the expiration of this perdo d. lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand an Borrower. <br />18. Borrower's Right to Reinstate. If ilia ►rrow•er meets certain conditions. Hornmer shall have the right to have <br />enforcement of this Security 11NMineu1, discontmuLd at any finie prior to the earlier of: (a) t days for such other period as <br />applicable law may specify for reinstatement) lieforc sale of the Property pursuant to Sim power of sale containal in this <br />Security lintruntent. or (h) entry of a judgment enforcing this Security Instrument 1 hose conditions are that Borrower <br />(a) pay's Lender all sums which then would be clue under this Security Imirutncut and the Note had no acceleration <br />incurred: (b) cures any default of any other covenants or agreements. ic) pays all expenses incurred in rnloicing this <br />Security lnvirument. including, but not limited to. reasonable attorneys' fcts, and (it) takes such action as l ender may <br />reaminably require to aysure that the hen of this Security Instrument. Lender's nghls tit the Pro;nrty and Horitlwer's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged l'tom trinstatcnteni by <br />Illorrower, ihnSecurity Instrument and the obligations secured ht•rehil +twit rcrnaul folk rile•.live as d no ac,:6.1 ailt in 11.111 <br />(recurred. However. this nftht to reinstate shall not apply to the case of acceleration under hai.igraphs I i or 1 <br />ti <br />W <br />.J <br />