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1 <br />90- 105012 <br />if Lender required mortgage insurance as a condition of making the loan sutured by this Security I nstrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirerneat for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />i <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. 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 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 condernmor offers to <br />1 <br />I <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date t he notice is <br />given, Lender is authorized to collect and apply the proceeds. at its option. either to restoration or repair of t he iProperty or <br />1 <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unlen fender and Borrower otherwise agree in writing, aoay' application of proceeds to principal shall not ennead or <br />} , <br />postpone the due date of the monthly payments referred to in paragraphs 1 acrd 2 or change the amount of such payments. <br />( <br />10. Borrower Not Released; Porbeatratnce )By Leader Not a Wailer. Extension of the time for payment or <br />modification of amortization of the surds 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 commealce proceedings against any successor in interest or refuse to extend time for <br />( <br />payment or otherwise modify amortization of the sums secured by this security Instrument by reason at any dcrnand muds <br />by the original Borrower or Borrower's successors in .interest. Any forbearanos' by Lender in exercising; any right or remedy <br />shall not be a waiver of or preclude the exercise of anx righ t or remedy. <br />11. Successors and AsslRtts Boaattd; Joint and Several Liability; Co• signers. The covenants and agreements of <br />' <br />this Security Instrument shall bind and Imief3t the successors and assigns of Lender and Borrower, subject to the .pro-. 'dons <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs tfiois: wurity <br />- <br />Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, gmnl and convey <br />1, a <br />that Borrower's interest in the Property- under the terms of this Security Instrument; (b) is not personal N rt:iligated 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 accommim :Jations with regard to the terms of this Security Instrument or the Nmw'without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured bI. 1:his Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is tfirtally interpreted so that the interest or other loan charges collected or ro be collected in <br />- <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by t be amount <br />1 <br />necessary to re4ace the charge to the Permitted limit; and (b) an -y sums already collected from Borrower whit It ere *--eded <br />— <br />permitted limits will The refunded to Borrower. Lender may choose to makt this refund by reducing the principa� owed <br />l <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 withou t any prepayment charge under the Note. <br />13. LegWation Affecting Leader's Rights. If enactment or expiration of applicable laws has the effect of <br />� <br />rendering any provision 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 IQ if Lender exercises this +motion. Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />AM <br />' <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 />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 dec vrxl to have been given to Borrower or Leader oabien given as provided <br />in this paragraph. <br />IS. Governing Law; Severability. Tlhrs Sx.vnty Iasi mment shall he governed by kn+::n! lase and the law of the <br />Jurisdiction in which the Property is k -:ued. In ire event tear any provision or claube of this St rsrory lim runnent or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Securiiy law. ument csr the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Seeunty instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one confor ned copy of the Note and of this Security i rfurument. <br />17. Traasler olt the Property or a Beneficial laterest in Borrower. If all or any part 1►f the PrtWrty ur any <br />interest in it is sold or transferred (or if a beneficial interest to florrow•er is %old or transferred and lkorrow er r %nt ►t a natural <br />person) without Lender's prior written consent, Lander relay, at its option, reyurre immediate payment in full <►fal l cunt% <br />secured by this Security Instrument. However, this opton shall not be exercised h% Lender if exerer%e 1s prt-►btbited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall gi%e Borrower notice of acceleration The notice %hall pr1+11 -tea peruxi <br />of not less than 30 days from the date the notice is delivered or mailed within which narrower mu %t pa) al I %u nn sou rcd 1^y <br />this Security instrument. i(Borrower fails to pay these %urns prior to the e%pitatk Pit of this period, lender rna% emokc any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower <br />18. Borrower's Right to Reinstate. If Mirrouer meet%certain conditions. ltr►rrower .hall haw the right to have <br />enforcement of tht %Sccurity instrument discontinued at any time prior to the canccr of fa); day • r1a such , •the r period a% <br />a <br />L <br />applicable law may specify for reinstatement) before .ale of the Property pur %ttant to .ray p,�wrr of %:,Ie C1 +r►ta1 ncd 111 the. <br />In%truntent. Sciunty InArunrenr 11,11" hr.r +ndm +n.,1n t 11.11 11.n r +wit <br />Security or Ib) entry of a judgment cntiming fill% ., <br />(a) pays Lender all %urns which then would he due under this %crut11% In.uutncnt .u1d :h•; \,Hc• had n,+.1 -kilt 1.11,1 <br />rcccurred, (h) cure% any default of any tither e,ownanl% or jFrswtncrlt%. t.r p,►y..ill ctltrl.•., 1n,urr.;1 n1 tilt, I1,n;g 1111. <br />Security Instrument, including. but not limited to. rea%nrlahle athorncy %* ire•. arld r,l► 1ak,..u.h :1, n+ln .1, I ClIA 1 111.11 <br />reasc►nahly require to a %sure that the hen of the. SeeoraN Instrument. I ender'. right. 11 the 1' o w..1 d F U1t. -, r . <br />obligation to pay the %urns wcured h) IN% %L:ur►t) Imtrun►t•nt hall „'ntnrluc 1101.1f+'rd I r+,,;I 1.11.1.1111++, + +1 1•, <br />Horro%%er. ihts Seeunt) Instrument and lily 1 +hhgahl :l. %tom aryl herths .hell rcnl.rin 111111 1 tic, m, 'I'll ft.. .I .,:. +1+ ." h 1,1 <br />occurred Howescr, tills fight to reinstate %hall not appl► u; 111: ,. +.< ,O .1.,: to ax1 ,:+ uti'lel p.11"1.1.1 i•!l, ; l • • • I - <br />