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. �`. �•'; a �. ?. -r , � ,i i_v,+r -� - - -_! .___ -(t, �.:y. , r .� <br />V <br />90-106690 <br />If Lender required mortgage insurance as a condition of snaking 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 />= == <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Impeetioss. Lender or its agent may snake reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior loan inspection specifying reasonable cause for the inspection. <br />9. Cowlein ation. The proceeds of any award or claim for damages. director consequential. in connection with <br />any condemnation or other taking of any past of the Property. or for conveyance in lieu of condemnation, are hereby <br />- _ -.�- -.•�:.. .. v <br />assigned and shall be paid to Lender. <br />In the event of a total taking of tine Property, the proceeds shall be applied to the sums secured by this Security <br />Instnimert. whether or not then due, with any excess paid to Borrower. In tine event of n partial taking of the Property, <br />wiless. Borrower and. Lender otherwise agree in writing, lire sums secured by this Security Instrument shall be reduced-by <br />. '." ; : .f r .1.j3 ,.;. t_ <br />tiro surmount. of the procmds multiplied by the following fraction: (a) the total amount c£ the seams secured immtdiatefig <br />, <br />)l�? .: • :; :+< < , : M1 3; ;; � <br />Dire, ft taking, d i n d d 1yy Q-4T the (Wr ircmriiet value of t he FroLaerty immediacek lbetbre the calving. Any ballnnar Aall be <br />it�iy txa 13�arrrrwcer_ <br />ff the Froperty is abandoned by Borrower, or a! � aRer notice by Leader to Borrower that the condemnor offers to <br />_ <br />, <br />snrralte 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 />=i <br />10. Borrower Not Rekased; Fwbearasee By Leader Not a waiver. Extension of the time for payment or <br />modification of amortization of the slims secured by this Security Instrument granted by Lender to any successor in <br />i <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 />i. <br />paytttent 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 />WWI not be a waiver of or preclude the exercise of any right or remedy. <br />11. Snecessors and As llp Bsstmd; Joist and Several Liability; Co•sigsers. The covenants and agreements of <br />i <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 shall be joint 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 />; <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 />s <br />modify, forbear or make atiy accommodations with regard to the terms of this Secunty Instrument or the Note without <br />that Borrower's consent. <br />12. Loam Ckarges. 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 exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />rrca-.esfi to Reduce the charge to the perm. Wed limit; and (b) any slums already coI1M1P/t from Borrower which exceeded <br />the <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />- <br />under the Note or by making a direct pa)-ment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. 3, SMation Af4eetWg Leader's Rights. If enactment or expiration of applicable laws has the effect of <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 swured by this Security Instrument and may invoke 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 law requires use of another method. The notice shall be directed to the <br />- -- <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. Gilpendag Isw; 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 sbaR 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 />' <br />Note are dxclared 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 of the date of this Secunty 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 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 earlit:r 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 in this <br />— <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 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 expenses 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 scams secured.by this Security Instrument shall continue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations secured hereby shall rernam fully effective as if.no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17. <br />