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9p- 107170 <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 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, director 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 sutras 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 fractilm: (a) the total amount of the sums secured immediately <br />before the taking, divided by (D) t he fair market value of the Property immediately before the takinc. Any balance shall be <br />paid to Botrower <br />If the Prcliecty is abandoned by Borrower, or if. after notice by Lender to Borrower thaw the condetnmor offers to <br />make an award sir settle a claicm 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 nat then due. <br />Unless Uender and Borrower otherwise agree in writing. any application of proceeds to principal shall not extend or <br />postpone the dine date of the monthly payments referred to in parugraphs 1 and 2 or charge the amount of such payments. <br />to. Borrower Not Released; Forbearance By Render 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 Lisbillty; 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 whoco -signs this Security <br />Instrument but doles not execute the Note: (a) is co- signing this Secunty Instrument only to mortgage. grant and convey <br />that Borrower's interest tit 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 />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 limits, then; (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; 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 the principal owed <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will he treated as a <br />partial prepayrnem without any prepayment charge under t he Note. <br />13. Legislation Affecting Lender'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 as cording to its terms. Lender, at its option, <br />may require immediate payment in full of all sums % ecured by this Security Instrument and may invoke any remedies <br />permitted L+) paragraph 19. If lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 1'. <br />14. Nozices. Any notice to Borrower provided for in this Security Instrument shall Ix 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 />Property Address or any other address Borrower dooeiiates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any ether address Lender designates by notice to Borrower. Any notice <br />provided foT in this Security instrument shall he deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing law, Severa illity. This Security Instruntettt 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 shalt not affect other pro%imon sof this Security Instrument or the Note <br />which can he given effect without the conflicting pros ision. To this end the pros isturn (if this Security Instrument and the <br />Note are declared to he severable. <br />16. Borrower's Copy. Borrower shall be gm en one conformed copy of the Note and of rhis Security Instrument <br />17. Transfer of the Property or a Lleneftcial interest in Borrower. If all or any part of the Property or any <br />anurest in it is sold or transferred (or if a Fece:4stai r^•:erts. is Borrower I% sold or transferred and Borrower ri, not a natural <br />person) without Lender's prior wintten consent. Lerc,2- na). at its option. require immediate payment in full cf all sums <br />secured by this Security Instrument How•e,�er, this option shall r,• -r be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Securuy Instrument. <br />If Lender exercises t his option. Lender shall give Burrower m.::e of acceleration. The notice shall provide a period; <br />of not less than 30days from the date the notice is delisered or mailed within vihich Borrower must pay all sums secured by <br />Lb.. Secunty Instrument. If Borrower fails to pac these sums prior to the exptrrtion of this Period. Lender may invoke any <br />19. Rorrower's Right to Rdnstate. If Burrower meets certain conditions. Burrower shall have the right tic) have <br />enforcement of this Secunty Instruntcut discontinued at any time Pour to the earlier (if: (a) 5 days tar such other period as <br />applicable law• may specify for reinstatement) before sale of the Property pur%uant to any povier of saic contained to flits <br />Security Instrument: or (h) entry of a judgment enforcing this Security Imtrument. Those conditions are that 114immer: <br />(a) pays Lender all sums which then would he ,due under this Securit) Instrument and the Note had no acceleration <br />oxeurred; IN cures any default of any other covenants car 3tireem41111s. (ct pays all expenses incurred tit enh•tcing flits <br />Security Instrument, including. but not limited it), reasonable attorneys fees: and (d) takes such action as Lender ma)' <br />reasonably require to assure that the hen of this Security Instrument. Lender's rights to the Property and Bommer's <br />obligation to pay the sums secured by this Security Instrument shall continue unchanged Upon ron,ilatement by <br />Borrower. this Security Instrument and the ohhgations secured herehy shall remain fulls of Letsw as if no aecelc ration had <br />occurred. However, this nght to reinstate shall not appl) tit the case ofacceleration under paragraphs 13 rat 17 <br />rf�;,swdi,ty� <br />.iLfLJfr �avV��MS` ''i�- <br />CAI <br />l• . <br />