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r <br />1 <br />89-- 103897 <br />If fender required mortgage insurance as 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 Lender's written agreement or applicable law. <br />a. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time ofor prior to an inspection specifying reasonablee cattle for the inspection. <br />9. C.om at —dog. The proceeds of any award or claim for damages, director 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 />lit 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 immed*ely <br />before the takin& divided by (b) the fur 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 dattiniges. 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 restorafaon 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 cf,such payments. <br />10. H rown Not Rekmn* Forbearance By Leader Not a Waiver. Extension of the time for payortnt or <br />modification of amortization of the surrs secured by this Security Instrument granted by Lender to any succmer 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 exercising any right or remedy <br />shall not be a waiver of or preclude theex reise of any'right or remedy. <br />11. Sis�saors and Aasipa Rectal; Joint and Several Liability; Co-signers. The covenants and agreerrc is of <br />this Security Instrument shall bind and benefit the successors and a-migns of Lender and Borrower. subject to the prii. isions <br />of paragraph 17. Borrower's covenants and agreements shall be joint, and several. Any Borrower who co-signs this Security <br />EuArument but does not execute the Note: (a) is eo- srgrting this Se cioty- Instrument only to mortgage, grant and convey <br />L O /. a •1. • �' • C.... •a.•a. rwe* . / e w �:w..r�• w iv wwt O wwa. <br />inia aavttVw•ci+i 5 "Imsiai fit t•tG s event. �viw.. a1LC.. w .itaLa•.,a at ..� ...a.ttit.^..'rtt, �b;< t. .ot r <br />the sums secured by this Security Instmment; 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 Fso;ra:rcr's t oa5cnx. <br />12. Lrou Charges. if the loam 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 itrith 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 />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 ptepayment without any prepayment charge under the Nate. <br />13. 1;epslation Affaeti■g Letsier's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note arthis 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 M. If Lender exercises this option. Lender shall take tire: steps specified in the second paragraph of <br />paragraph 17.. <br />14. Notices. Any notice to Harrower 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 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 />fist class mail to Lender's address stated herein or any other address Lender designates by notice to Basrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given tai Borrower or Lender whim givei as provided <br />in this paragraph. <br />15. Gqperaft Law; Severabil ty. 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 Esther provisions of this Security Instrumett or the Note <br />which can be given erect 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 Note and of this Security Instrument. <br />17. Tms*r of the Property or a Besefncial 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 30days 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 />lA. 8orrower's Rift to Reinstate. If Borrower meets certain conditions, Borrower Shall have the right icy 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 cif sale contained in this <br />Security Instrument, or (b) entry of a judgment enforcing this Security instrument Those condition~ are that Borrower <br />(a) pays Lender all sums which then would be due under this Security Insirurrent and the %ote had no acceleration <br />mcurred. (b) cures any default of any other covenants or agreement,,. (c) pays all expenses incurred in enforcing this <br />Security instrument. including. but not limited to. reasonable attorney~ fees. and tdi takes such action as tender may <br />rettvinaM,. rep -4utre to assure that the lien of this Security Instrument lenders rights in the Property and lkirmvier s <br />r,bl(giwon to pay the sums securer) by thi3 Security Instrument shall .4m[mur un,:hanged Up in reinstatement hs <br />W--wher. thE,Scwrity Instrument and the ++hligawm%sr ured hereh-, shaft irmali+ fully effect+,.e ns ,! no a.%elerati+ -i had <br />!,Ifrd lir- aetier. this right tfr teinstate shall ne +t apply in the t asr at elenw in i,nder paragraph% ; k ,.. C <br />f <br />