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� y <br /> ' �`� ' ��������1�7�7 4. . <br /> 9. Inspection.Lender ar its agent may make reasonable entries upon and inspections of the Property. Lender shall <br /> give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br /> 10.Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any <br /> condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,aze hereby assigned and <br /> 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 /> Instnunent,whether or not then due,with any excess paid to Bonower.In the event of a partial taking of the Property in which <br /> the fair 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 writing,the swns <br /> secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) <br /> the total atnount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property <br /> immediately before the taking.Any balance shall be paid to Borrower.In the event of a partial taking of the Property in which <br /> the fair market value of the Property itnmediately before the taking is less than the amount of the sums secured immediately <br /> before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the <br /> proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br /> If the Property is abandoned by Borrower,or if,after notice by Lender to Bonower that the condemnor offers to make <br /> an award or settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, <br /> Lender is 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 Bortower otherwise agree in writing, any application of proceeds to principal shall not extend ar <br /> postpone the due date of 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. Fxtension of the time for payment or <br /> modification of amortization of the sums secured by tlus Securiry Instrument granted by Lender to any successor in interest of <br /> Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest.Lender shall <br /> not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise <br /> modify amortization of the sums secured by this Securiry Instrument by reason of any demand made by the original Borrower <br /> or Borrower's successors in interest.Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br /> preclude the exercise of any right or remedy. <br /> 12.Successors and Assigns Bound; Joint and Several Liability; Co-signers.The covenants and agreements of this <br /> Security Inst.niment shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br /> paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Bonower 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 that <br /> Borrower's interest in the Property under the tertns of this Security Instrument;(b)is not personally obligated to pay the sums <br /> secured by this Security Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear <br /> or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. <br /> 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maYimum loan <br /> charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection <br /> with the loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce <br /> the charge to the permitted limit;and(b)any swns already collected from Borrower which exceeded permitted limits 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 Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any <br /> prepayment charge under the Note. <br /> 14.N4tices.Any notice tn Borrower provided for in tlus 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 sha11 be directed to the Property <br /> Address or any other address Borrower designates by notice to Lender.Any notice to Lender shall be given by first class mail <br /> to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in <br /> this Securiry Instntment shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br /> 15.Governing 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 Note <br /> conflicts with applicable law,such conflict sha11 not affect other provisions of this Security Instrument or the Note which can <br /> be given effect without the conflicting provision. To this end the provisions of this Security Insmzment and the Note are <br /> declazed to be severable. <br /> 16.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instnunent. <br /> Page 4 of 7 <br /> NE-2079-0899 <br />