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r <br />L <br />89-. 10406.5 <br />If Lender required mortgage insurance at 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 />8. Imgeetion. 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. Comlemnation. 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 stuns secured by this Security <br />Instrument, whether or not than 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 immediately <br />before the taking, divided by (by the fair market value of the Property immediately before the taking. Any balance shall be <br />paiclt to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />makedo award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is <br />givers, 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 Le der and Borrower otherwise agree in writing, any application o£ proceeds to principal slrafl not extend or <br />postpone the doe date of the monthly payments referred to in paragraphs 1 and 2 or change the amount cf such payments. <br />10. Bomwer Not Reka*W,- Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to army 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 at refuse to extend time for <br />payment or od ise modify amortizatio6of"the sums secured by this Security Instrument by mason of any demand made <br />by the ariginal,Batrcower or Borrowers srrcc�ssors in interest. Any forbearance by Lender in emt rising any right or remedy <br />shig xrcrt b6 4,* riv er of or preclude fhe exercise of any tight or remedy. <br />11. Swcceseors and Assigns Bound; Joint mW &-veral Liability; Co -sipi erk 11�a covenants ", agreements of <br />this Security Inwatnent shall bind and benefit the successors and assigns of Lender and Bormwer, subject to the provisions. <br />of paragraph IT. -Borrower's covenants and agreements shall be joint find several. Any Borrbww 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 />....t ..ot't.; :... ;itrwr.:v. tr; tun. a avN..: iy itFiatr aua: i"'r'tiv avf taw .aw"itriiy aiaati usicui; avt pc-sirFu3iai wligaicas to 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 accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Cbmiges. 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 well be refunded to Borrower. Lender may choose to make this refund by reducing the principal oared <br />under the Note or by. making a direct payn;eitt to Borrower. If a refund reduces principal, therreduction will be treated as a <br />partial prepaymettt,without any prepayment charge under the Note. <br />13., 1[a *lation Affecting Leader's Rights. If enactment or expiration of applicable laws has the effect o� <br />rendericg as g A!ion of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option; <br />may regtare:tni> uxiiate payment in full of 'all sums "secured by this Security Instrument -ansk may involve any remedies <br />perms tt iby ptrugrraph 19. If Lender exercises this oidah, Lender shall take the steps speciAeo in the second paragraph of f <br />paragtVh 17. <br />114. Notices. 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 no.0m to Borrower: Anynotice <br />provided'for in this Security Instrument shall be deemed to have been given to Borrower or Liu (tder when given as provided <br />in this paragraph. <br />13. Govetniag Law; Sevenbility. This Security Instrument shall be goveriti tsyl.fhderal 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 lane. 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. 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 ofxhe 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 />18. 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 to this <br />Security instrument, or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Doerr lover <br />fa) pays Lender all sums which then would be due under this Security" Instrument and the NOW had no acceleration <br />occurred. (h) cures any default of any other co,6enant., or agreements. (c) pays all expenses incurrcd in enforcing the, <br />Sccurity In;tru;ntaii. tuciudirtg. but nut hinited to, reasrinabie attorncyti Pecs. and idt take. such actwri w, i crider rnji. <br />reasnn.thly reyulrc tr, &,sure that the hen of this Security lustrunien:. 1 ender'% rrghls ni the Prt1per1% and tt,,rnwuer•'s <br />Uhllgatl:ltt to p,k4 the sum', %"Uretl b: thts Security Instrument .hall Cttttllnue anth.tt.acii I)"'a ritlt"lAL11lilrt h. <br />H,rret,.L r. thtrticnlnt} Ir,,truns_71! and the t HltK.ih.:n.sccured ticrehr shal! retn.ur: hj!% , ti:� tr. _ a, it n, d, kc!er.ttl.•:1 <br />«wrrcd Ittswc:cr, tht, not, t17 teinstat,, Shd(I tit •t al'` k in Ox a" t t.l; lCr,1h 'n l atl.'t ; .u.: I.II <br />0 <br />M. <br />,. <br />�i <br />