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90- 106951 <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 law. <br />a. Inspection. Lender or its agetit 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 specif j ing reasonable cause for the inspection. <br />9. Condematlea. 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 />assiSued 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 caking divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to lk-Trower. <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 sett:e a claitn 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 thhen due. <br />Unless Lender and Borrower otherwise agree in writing. arty application of proceed : tr principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I sera 2 or charge 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 />1t. 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 />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 cunvey <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 />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />Ix- <br />charges. and that law is finally interpreted so that the interest or other loan charges , lice td or to he collected in <br />connection with the loan exceed the permitted limits, then: (a) any Such loan charge shall he reduced by the amount <br />necessary to reduce the charge to the permitted limit. and (h) any sums ulready collected from Borrower which exceeded <br />permitted limits will be refunded to Borrnwer. Lender may choose to make this refund by reducing the principal owed <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 without any prepayment charge under the Note. <br />13. Legislation Affecting Lenders 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 secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph I Q. 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 he given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice Shull 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 he deemed to have been given to Borrower or l.ender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall he 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 Shull not affect tither provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provision% of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower Shull toe 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 troy <br />interest in it is sold or transferred for if a henelk ial interest in Btirruwcr n sold or transferred and Borrower i% 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 Shull not he exercised by Louder if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender %hull 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 tic mailed within which Borrower must pay all.ams Secured by <br />this Security Instrument. If Itorrow•er fads to pay these Sums prior to the expiration of this penal. Lender may invoke any <br />2).. <br />remedies permitted by this security instrument without dui iitci u„i,a.c.•i milla s...—, ....7:::: <br />18. Borrower's Right to Reinstate. If Borrower meets certain condition%. Borrower Shall have the right to have <br />enrur,cement of this Security lnstrument discontinued at any time prior to the earlier (if: to) 5 days for Stich other period as <br />apple cable lass mac Specify for reinstatement before sale of the Property pursuant to any potter of sale contained itt this <br />Secure} Instrument. or thl entry of judgment enforcing thi% Seca,rat +. 1:!•.1rument. Thosc condttnms arc chat Burrower: <br />la) pays Lender all sums whtcF: then would be due under this Security Irstrumenr..111,1 i he Mute had no acceleration <br />occurred: (b) cures any &fit ih of any other ctit enants or agreements. to pays as expense% incurred in enforcing this <br />& -cone% Instrument. includinE. hat not limited in. reasonable anorneys' fees: and 4,& 'ake% such action as Lender may <br />ceasonab)y require to assure that the lien of this Security In%trumcr.• :.. Lender'-, rights in the Property and Borrower's <br />obfigation to pay the sums secured by this Security Instrument sha:" cc-11111ue unchanged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations, Secured hereb) Shall remain fulls effective as if no acceleration had <br />occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 tir 17 <br />lip- <br />