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I <br />1 <br />104035 <br />If Lender 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 />S. Iespaetion. 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 Coadeanuttim. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of an,a pArt of the Property, or 1br 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 sutra secured by this Security <br />Instcwnent, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property. <br />unless Harrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the aaaount of the proceeds multiplied by the Mowing fraction: (a) the total amount of the sums secured immediately <br />before the taking, di %ided by (b) the fair market value of the Property immediately before the tilting. Any balance shall be <br />paid to Borrower, <br />U- #'zoperty is abandoned by Borrower. or if, after notice by Lender to 1 oTrower that,the condemAim r offers to <br />make an ttwirdor settle a claim for damages, Borrower fails to respond to Lender within 30 days'after the date #the notice is <br />given, Lender is a4tbortized to collect and apply the proceeds, at its optio6. either to restoration or repair of the Property de. . <br />to the sutras secured by this Security Instrument, whetter or twt then dry; , : <br />Unless Leander and Borrower otherwise agree in wtitiueI, any application of Fmorxeds to principal shall-not: extend it:c, . <br />postpone the due date of the mointbly payments referred toin paragraphs 1 and 2 or change the amount of such piyin <br />1Q. Borrower Not RelesiaL- Forbearance By Lender Not a Waiver. Extension of the time for, payment err, <br />modification of amortization of the sums secure d by this Security Instrument granted by Lender to any xuccestor wet <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's swomsoris in interei <br />Lender shall not be required to commence proceedings against any successor in interest or refuse.to'oxtcnd time for <br />payment or otherwise moditjr amortization of the sums secured by this Security Instrument by tea M' of any demand mate <br />by the original Borrower or Borrowges succespon in interest. Any forbearance by Lender in exercising any right or remedy. <br />shall not be a waiver, of or preclude the exercisemfany right or remedy. ; <br />11.. Saeeeassen and Aatnips Bom* 4ota%t anel Several Liabii ,. Co- sipers. The covenants and agreements of <br />this Security Instrument shall bind! Land benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of pattngraph 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 in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />- the -sutras secures bv_this Securitv Instrument; and (P) lyre�e -s that i writer and any. other A'r iewe - �� - «ptw` to =t=d, <br />moot;$,, forbear or melee any arrommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />11 Loss Mare. If the loan secured by this Semi my Instrument is subject to a law which sets maximum loan <br />is fitt'.Ily int.--psu that the iWZCr oe c zr l0,a ci�}lc3 wilcctcd or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) ar'W swch loan charge shall be, reduced by the amount~ <br />necessary to reduce the charge to the permitted limit; and (b) any sums it ready collected from Dwower which exceeded. . <br />permitted limits will be refunded to Borrower. Lender may- choose to make this refund by rediccing the piirtcipal owed <br />under the Note or by making a direct payment to Borrower. Ma refund reduces principal, the red #lion will be tinted a ;a <br />partial prepayment without any prepayment charge under the Note <br />13. Leg ditim Adrectieg Lendees Rights. If enactment or expiration of applicalsfe'laws has the effort '.. <br />rendering any prov%ioi n 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 in the second paragraph qf. <br />paragraph 17. <br />14. Notice, 'Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by.- <br />mailing it by fast 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 Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Gi g Law; Srrerabli tr, This Security Instrument shall be governed by federal taw and the Iaw 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 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 Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Treader 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, Larder 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 o (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 loss 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 />It 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 ofsale 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 Leader may <br />reasonably require to assure that the lien of this Security Instrument, Lenders 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 shalt 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 />A <br />Ct <br />i <br />1 <br />