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<br /> <br />...,'t.'/'" <br /> <br />. . . IQ3~ l.t08S,,~ . <br />payments may no longer be required, at the optIon of Lender, If mortgage Insurance cove;\fge (Ill the amount and fur the penod <br />that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay <br />the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the req'lirement for mortgage <br />insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. <br />9, Inspection. Lender or its agent may make r~nable entries upon and in.<;pections of the Property. Lender shall give <br />Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />10. Condemnation. The ....oceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation or other taki.~g of any part of the Property. or for conveyance in lieu of condemnation, are hereby assigned and <br />shall be paid to Lender. <br />In the event of a total ~;;k;ng of the Property, the proceeds shall be applied to the sums secured by this Security Instrument. <br />whether or not then due. with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair <br />market value of the Property immediately before the taking is equal to or greater than the amount of the sums sa:Ul'ed by this <br />Security Instrument immediately before the taking. unless Borrower and Lender otherwise agree in writing, the sums secured by <br />this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total <br />amount of the sums secured immediately before the taking. divided by (b) the fair market value of the Property immediately <br />before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair <br />market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the <br />taking. unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall <br />be applied to the Sl.lm~ 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 Borrower that the condemnor offers to make t'.n <br />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 sums <br />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 I Jnd 2 or change the amount of such paymrrlls. <br />11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or mocJification <br />of amortization of the sums secured by this Security Instrument granted by Lender .to any SUCCCSSN in interest of BOI, ,)wer shall <br />not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to <br />commence proceedings against any successor in interest or refuse to extend time for payment or otherwise rnocJify amorti7.atiol1 <br />of the sums secured by this Security Instrument by reason of any demand m:ll.le by the (~riginal Borrower or Borrower's <br />successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be u waiver of or predude the <br />exercise of any right or remedy. <br />12. Successors nnd Assigns Bound; .'oint and Several Liability; Co-si~ners. The coveni'nts and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of <br />paragraph 17. Borrower's covenants and agreement:: shall be joint and several. Any Borrower who co-signs this Security <br />Instmrncnt but does not execute the Note: (a) 1;; co-:.,igning this Security Instrument only ro mortgag.,. grant and convey that <br />Borrower"s interest in thl.' Property under the tt-rms of this Security instrument; (h) is not personally ohligated to pay the SIlIllS <br />secured by this Security Instrument: and (c) agr~es that Lender and any other Borrower may ugree to extend, modify, forbear or <br />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 maximum loan charges. <br />and that law is finally interpreted so that the interest or other loan charges collected or to be collected in conne(,.'tion wilh the <br />loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge <br />to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to <br />Borrower. Lender lIlay dlOose to make this refund by reducing the principal owed under the Note or hy Ilulkillg a direct <br />p:lyment to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment without ary <br />prepayment charge LInder the Note. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing <br />it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address <br />or any orher address Borrower designates by notice to Lender. Any notice to Lender shall he given by first class mail to <br />Lender's address stated herein or any other address Lender designat'=s by notice to Borrower. Any notice provided for in this <br />Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. <br />15. (;o\"Crr!ing Law; Severability. This Security Instrument sh:;1I be governed by fedetlll 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 />cOIl!licts with applicable law. s:lch conflict shall not affect other provisions of this Security Instrument or the Note which can he <br />given effect without the conflicring provision. To this end the provisions of this Security Instrument and the Note nre declared <br />to be \cyerahle. <br />16, Borrower's COP~', Borrower shall be given one conformed copy of the Note "rId of this Security Instrument. <br /> <br />Form 3028 9/90 <br /> <br />Pogo 4 0' e <br /> <br />