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90-105900 <br />1 <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 />t <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inquoction. 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. Condemnation. 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 fraction: (a) the total amount of the sums secured immediately <br />before the takitlg, 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 offers to <br />( <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 diay%after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its option, either to resusra., iota or repair of the Property or <br />to the sums secured by this Security Instrument. whether or not then due. <br />j <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 I and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender 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 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 preveedings against any cuccesior 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 theoriginal 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 the exercise of any right or remedy. <br />; <br />11. Successors and Assigns Bound; Joint and Several Liability, Co-signers. The covenants and agreements of <br />this Security lust rument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />{_ <br />Instrument but does not execute the Note: (a) is co- signing this Security instrument only to mortgage, grant and convey <br />► <br />that Borrower's 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 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 />11 Loan Charges. 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 interne or other loan charges collected or to be collected in <br />± <br />j <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />I! <br />necessary to ce;Zuce the charge to the permitted limit. and (b) any sum-, already collected from Borrower which exceeded <br />ven nitted litaits will be i cFusded to Borrower. ire 4er may choose to make this refund by reducing the principal owed <br />ter the Note or by making.a direct payment to Mrrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without siny prepayment charge under the Note. <br />13. Le&Iatiat Adating Loradites Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision cif aUe Note or this Security Instrument unenforceable according to its terms. Lender, at its option, <br />may require immediate palmoilent in full of all sums secured by this Security Instrument and may invoice any remedies <br />permitted by paragraph 19. If Lender exercises t his option. Lender shall take the steps specified in the swgw d paragraph of <br />paragraph 17. <br />tam <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall he given by delnerin& u .x by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall he directed to chi! <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be givett by <br />first class nail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any n(,xi.;vc <br />provided foe in this Security Instrument shall be deemed to have been given to Bnrro%er or Lender when given as proaided <br />in this paragraph . <br />' <br />I& Gorenting Law•, Sererablity. This Security Instrument shall he governed b) federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provvwm or clause of this Security Instrument or the <br />Note conflicts with applicable law. such conflict shall not affect other prowwiris of rhos Security Imtrament or the Note <br />j <br />which can be given effect without the conflicting provision. To this end the prt►vrswns +>f rhi,; Security Invrumeni and the <br />Note are declared to be severable. <br />116. Borrower's Copy. Borrower shall be given one aonftlrmed cop) of the Note and of this Secunty Insrrumetit <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 Burrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent. Lender ma), at its Option. reyture immediate payment in full of all sums <br />secured by this Security Instrument. However. this option shall not be exercised by Lender If cscrcire is prohibited by <br />federal law as oft he date ofthis Security Instrument. <br />If Lender exercises this option, Lender shall give Burrower notice of acceleration. 'I he notice -.hall provide a period <br />of not less than 30 days from the date the notice I% delivered or marled w ithin which Borrower muse pay all sum% secured h% <br />this se Security inst rument. If Borrower fails to pay the sum% prior to the espiranan of this Period. I ender may smoke any <br />remedies permitted by this Security Instrument without further notice ur demand on Nitr(mer <br />1Y. Baro.rer's Rift to Reiti>atate. If Borrower meet• certain condition, Borrower .hall have the right to have <br />enforcement of thiv Security Instrument discontinued at any time prior to the earlier -1f. (a) "t day. (or such oihet period as <br />applicable law may specify for reinstatement) Before sale of the Property pursuant nt an l+.tvvcr .11 sale cUiltaincd in Ills. <br />5ecuriiy Instrument; <br />or Ib) entry of a yudgmem rnforcnlg this �a•.urrt� hi.trunu•nt 1 b,,K �. +ndiwm. air that Il.�rr••wri <br />(a) pays Lender all sums which then would he due wider thr- mount) Instrument and tht. N- oic had n.• .1..;loatit'll <br />n <br />occurred; (b) cure+ am default of any other vt►venants or agnenit•nts, tcl Pay. all est1.•mc• nl.urrrd ul rntol% flit- till. <br />Security Instrunent. including. but not limited Ill. reasonable:ittorne)s trr...tnd ith rakes .u.11 a --n,u1 .1. 1 t•ndrt n1.1v <br />reasonably require to assure that the hen of this Smunt) Instrument, 1 ender'% right. n1 ihr i'r.,lwlfr and ttoll."Act . <br />obligantin 141 Pay the sums secured by this %securer) III1lrume01 .11411 Wiltinu(' uf+, 11,111g "i t t,-u flit III hs <br />11mirlmer. thi.tietiutit) Instrument and tie• ohllgrnons %~tired leetrh..h411 rem till tuns t-ticorsa• .1. it nn a., rlrrah•v1 h.1.1 <br />mcurred Hov► ever, this right to reinuate %hall twit -ipPl) m the..... •.t .1... t, ran. ++ un,t. r par.,►•taph% l t ..r 1 " <br />