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89""' 104142 <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 lave. <br />$ Intipeetion.; Len¢er,or*ils agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give BorWov er notice ai the time of or prior to an inspection speci°ytng 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 tit other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall he paid to Lender. <br />in the event of a total taking of the Property, the proceeds shall he 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 (h) 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 />make an award or settle a claim for damages, 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 restoration 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 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 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 the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenant-, and agreements of <br />this Security Instrument 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 shat) be joint and several. Any Borrower who ev- .gns 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 Borrowers 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 (e2 agrees that Lender and any other Borrower niay agree io exictrd, <br />modify, forbear or make any accommodations with reeZrd to the terms of this Security Instrument 'er the Note without <br />that Borrower's consent. <br />12. Loan Charges. if the Ioan 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 ffmits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted Boccie. 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 dr-le principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reducers principal., the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws .leas the effect of <br />rendering any provision of the Note or this Security instrument unenforceable according to its terms, Lender, at its option, <br />tn4y require immediate payment in full of all sums secured by this Security Instrument and may inwke any remedies <br />permitted by paragraph 19. If Lender exercises this option, 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 />mailing it by first class mail unless applicable lave 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. Governing Law-, Severability. 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 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 I1strument. <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 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 30 days frU•rn t1ee&tethe•notice is.delivered or mailed within %hick Borrower must pay all sums secured by <br />this Security Instrument. If Borro & 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 Borrower. <br />(a) pays Lender all sums which then would he 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 vxpenscs incurred to enforcing this <br />Security Instrument, mcludung. but not limited to, reasonable attorneys' fees, and (d) take% such action as Lender nr,►y <br />reaumalik require to assure that the hen of this Security Instrument. Lender's right-, in the Property and Horn,wer's <br />nbhFatton to pay the sums secured by this Security Imirurent shall cotouiu,_ rtnch.,n);cd t'pon rrntstetrmrnt hs <br />liortnwer, this Sc� unty Instrument and the obligatu,ns secured herehy shall ren a n talk AeL n%4- as it no act. vlrr.,tion liad <br />~tumid M,uc%cr, thus right t„ rt•tnstateshall nrit apply its OwL,rsc•'.I t(., t,,h,•u „n b r I,ar. r�.,l hs I ;.n 1" <br />I <br />17 <br />r• <br />tD <br />w t"� <br />r <br />r. <br />I <br />