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1 d <br />as <br />F-. 89-105005 <br />If Lender required mortgage insurance as a condition of making the loan swired by this Security Instrument. <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requircnicrit for thie <br />insurance terminates in accordance with Bofraiwees and Leaders written agircament, orapplicable law. <br />& Inspection. Lender or its agent may make reasonable entries upers- and, inspecitons-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. Condenization. The proceeds of any award or claim for damages, dirddiirgonsequential, in connection with <br />any condemnation or other taking of any part of the Property, or for.conveyaMi Olieu of omdemnation,.zire., <br />as.signedand shaUbeg.aidtoLendrx.... <br />�C& , to the sums secured by <br />"' w 'th 6 So er eat of a partial taking of the Prop", <br />i any excess paid <br />uraess Bori;�iVif and LeOder othero;ise 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 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 I and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Under 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 &rrvower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any succes.ses i• interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security,linstrument 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 covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions <br />a of paragraph 17. Borrower's covenants and agreements shall bejaint 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 terns of this 1,94ccunty Instrument. (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Leader 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 B31'71;�wer's consent. <br />h" <br />.12. Loan Charges. If the loan secured by this Security Instrument is subject to a law w, 4ch sets maximum loan <br />charges, and that Lw is finally interpreted so that the interest. or tWier loan charges collavz'd or to be collected in <br />connection with &. t bun exceed the permitted limits, then: (a) any sr_l . ;.;h loan charge shaTL be reduced by the amount <br />riccessan, to reduce the charge to the permitted limit; and (b) any sums already cof,?Ixted from Borrower which exceeded <br />permi•ued limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under Note orby.raking a direct payment to Bbrrower. If a refund r-c-duces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. , <br />13. Lmsl2tion Affecting Lender's Rights. If enactment oi!, expiration of applicable laws has the effect of. <br />rendenk-g any provision of the Note or this Security Instrument unenforceable acv,-.70 ng 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 specifed f a the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security lnstrun7rt nt shall be given by delivering it or by <br />mailing it by first class mail unliss 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. Goverafrig 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 Instrument. <br />17. Transfer of the Property or aBeneflcial 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 Instrument. However, this option shall nct be exercised by Lender if exercise is prohibited by <br />federal law as of tih!,data"of this.&curity Instrument. <br />this,rp I ion, Lender shall give 11-4Lro-wvy of a shall pnnddc aperiod <br />of nnn lm ` `oar 30�ay-'7rom the date the notice is delivered Gr rna- pay al'­.;i�ns secured b-y <br />-..rj L <br />1h;sSej>,_iritu l(Borrowerfails top-my thew -vender may invn� e-aw_ <br />ten. carts Security instrument without further notice or demand on &rrm,,er. <br />It, 8MoAW!sR4*t-ta Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at anytime prior to the earlier of (a) 5 days (or such other period as <br />applicable law may specify f6r reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Burrower: <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 expense-, incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees, and (d) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's <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 shall remain fully clTective as if nu acceleratiol, had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />