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Borrower may cure such a de(ault and reinstete, as provided in paragraph 18, by causing the action or proceeding to be <br /> dismissed with a ruling that, in Lender's good faith determination, precludes forfefture of the Borrower's interest In the Property or <br /> other material impairment of the lien created by this Security Instrument or Lender's securiry interest. Borrower shall also be in <br /> defauft ii BoROwer, during the loan application process, gave materially false or inaccurate fnformation or statements to Lender (or <br /> failed to provide Lender with any material information) in connection with the loan evide�ced by the Note, including, but not <br /> limited to, representations concerning BoROwer's occupancy of the Property as a principal residence. If this Security <br /> Instrument is on a leasehold, Borrower shatl comply with all the provtsions oi the lease. If Borrower acquires fee title to the <br /> Property, the leasehold and the fee title shell not merge unless Lender agrees to the merger In writing. <br /> 7. Protection of Lender's Rights in the Property. If BoROwer tails to periorm the covenants and agreements <br /> contained In this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rfghts in the Properry <br /> (such as a proceeding in bankruptcy, probate, fo� condemnation or torfeiture or to eniorce laws or regulations), then Lender may <br /> do and pay for whatever is necessary to protect the value of the Properry and Lender's rights in the Properly. Lender's actions <br /> may Inciude paying any sums secured by a lien which has priority over this Security Instrument, appearfng In court, paying <br /> reasonable attomeys' fees and entering on the Properiy to make repalrs. Although Lender may take action under this paragraph <br /> 7, Lender does not have to do sa <br /> Any amounts disbursed by Lender unde� paragraph 7 shall become ec��tional debt of Bor�ower secured by this Security <br /> Instrument. Unless Borrower end Lender agree to other terms of payment, these amounts shall bear interest trom the date ot <br /> disbursement et the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. <br /> 8. Mortgage InsuranCe. If Lender requfred mortgage insurance as a condftion oi making the loan secured by this <br /> Security Instrument, Borrower shall pay the premlums requfred to maintain the mortgage insurance in ef(ect. If, for any reason, the � <br /> mortgage insurance coverage required by Lender lapses or ceases to be fn eifect, BoROwer shali pay the premiums requlred to C� <br /> obtain coverage substantially equlvalent to the mortgage insurance previousfy fn effect, at a cost substantfatly equivalent to the <br /> cost to Borrower of the mortgage insurance previously in effect, from an akemate mortgage insurer approved by Lender. If � <br /> substantially equivalent mortgage insurance coverage is not eveilable, Borrower shall pay to Lender each month a sum equal to O <br /> one-tweltth of the yearly mortgage insurance premium being paid by Borrower when the Insurance coverage lapsed or ceased to Ca <br /> be fn etfect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage Insurance. Loss reserve 00 <br /> payments may no longer be required, at the optio� of Lender, ff mortgage fnsurance coverage (fn the amount and for the period 1-�+ <br /> that Le�der requfres) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay vt <br /> the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requ(rement for mortgage <br /> insurance ends in eccordance wtth any written egreement between Borcower end Lender or eppliceble law. <br /> 9. InspeCtiOn. Lender or Rs agent may make reasonable ent�ies upon and inspections of the Property. Lender shall give <br /> Borrower notice at the time oi or prior to an inspectfon specifyfng reasonable cause ior the inspectlon. <br /> 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connectton with any <br /> condemnatfon or other taking of any part of the Property, or for conveyance fn Ileu of condemnat(on, are hereby assigned and <br /> shall be pafd 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 I� which <br /> the falr market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured <br /> by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in wr(ting, the sums <br /> secured by this Securiiy Instrument shall be reduced by the amount oi the proceeds multiplied by the tollowing iraction: (a) the <br /> total amount ot the sums secured immediately before the takfng, divided by (b) the fair market value oi the Property immediately <br /> beTore the takfng. Any balance shall be paid to Borrower. In the event oi a partfai taktng oi the Property in which the fair merket <br /> value of the Property lmmediately before the takfng is less than the amount of the sums secured immedfately betore the taking, <br /> unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be <br /> applled to the sums secured by this Securiry Instrument whether or not the sums are then due. <br /> fl the Property is abandoned by Borrower, or H, after notice by Lender to Borrower that the condemnor offers to make an <br /> award or settle a claim for damages, Bo�rower fails to respond to Lender within 30 days after the date the notice is given, <br /> Lender ts authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the <br /> sums secured by this Securiry Instrument, whether or not then due. <br /> Unless Lender and Borrower othervvise agree in writing, any applicatfon oi proceeds to principal shall not extend or <br /> postpone the due date oi the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br /> 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension oi the time for payment or <br /> modiflcation oi amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of <br /> Borrower shall not operate to release the ifability of the original Borrower or Bo�rower's successors In interest. Lender shall not <br /> be requlred 'to commence proceedings agafnst any successor in lnterest or refuse to extend time ior payment or otherwise <br /> modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br /> Borrower's successors in interest. My forbearance by Lender in exercising any right or remedy shall not be a walver of or <br /> preclude the exercise ot any right or remedy. <br /> 12. Successors and Assigns Bound; Jotnt and Several Liability; Co-signers. The covenants and <br /> agreements oi this Security Instrument shall bind and benefit the successors and assigns of Lender and Bonower, subJect to the <br /> provislons of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this <br /> Security 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 fn the Property under the terms of this Securiry Instrument; (b) is not personally obligated to pay the <br /> sums secured by this Security Instrument; and (c) egrees that Lender and any other Borrower may agree to extend, modify, <br /> forbear or make any accommodations with regard to the tertns of this Securiry Instrument or the Note without that Borrower's <br /> consent. <br /> 13. Loan Charges. If the loan secured by this Securiry Instrument is subject to e law which sets maximum loan <br /> charges, end that law is flnally interpreted so that the interest or other loan charges collected o� to be conected in connectfon " <br /> wfth the loan exceed the permitted flmks, then: (a) any such loan charge shall be reduced by the amount necessary to reduce � <br /> the charge to the permitted Iimft; and (b) any sums already collected trom Borrower which exceeded perrr►itted Iimits will be <br /> refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a <br /> direct payment to BoROwer. If a retund reduces principal, the reduction will be treated as a paKial prepayment wfthout any <br /> prepayment charge under the Note. ' <br /> 14. NotiCes. My notice to Borrower provided tor in this Security Instrument shall be given by delivering ft or by meiflng k ,_ <br /> by flrst class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address .w <br /> or any other address Borrower deslgnates by notice to Lender. My notice to Lender shall be given by flrst class matl to • <br /> Lender's address stated herein or any other address Lender designates by not(ce to Borrower. A�y notice provided for in this <br /> Security Instrument shell be deemed to have been given to BoROwer or Lender when given as provfded in this paragraph. <br /> 15. GOVerning Law; Severability. This Security Instrument shall be govemed by federal law and the law oi the <br /> )urisdictfon in which the Property is located. In the event that any provision or clause of thts Security Instrument or the Note <br /> conflfcts wtth applicable lew, such conflict shall not effect other provislons of this Securtty instrument or the Note whfch can be <br /> give� etfect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to <br /> be severable. <br /> 16. Borrower'8 COpy. Borrower shall be given one coniom►ed copy oi the Note and oi thts Security Instrument. <br /> F1316.LM0 (12/93) Page 3 ot 5 <br /> 4� <br />