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<br />e <br /> <br />e <br /> <br />200603291 <br /> <br />7. Protection of Lender's Rights in the Property. If Borrower fails to Perform the covcnants and agrccmcnts containcd in this <br />Security Instrument, or thcrc is a legal proceeding that may significantly alTect Lender's rights in the Property (such as a proceeding in <br />bankruptcy, probate, for condemnation or forfeiture or to cnforcc laws or regulations), then Lcndcr may do and pay for whatcvcr is necessary <br />to protect the value of thc Property and Lcndcr's rights in the Property. Lender's actions may include paying any sums securcd by a licn, <br />which has priority over this Security Instrument, appearing in court, paying rcasonablc attorncys' fces and entering on the Property to make <br />repairs. Although Lcndcr may takc action under this paragraph 7, Lender does not have to do so. <br />Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security <br />Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at <br />the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. <br />8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security <br />Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage <br />insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums equivalent to the cost to Borrower <br />of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage <br />insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance <br />premium being paid by Borrower when the insurance coverage lapsed or ceased to be in elTect. Lender will accept, use and retain these <br />payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if <br />mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again <br />becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss <br />rcserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or <br />applicable law. <br />9. Inspection. Lender or its agent may make reasonable entrics upon and inspections of the Property. I,ender shall give Borrower <br />notice at the time of or prior to an inspection specifying reasonable causc for thc inspection. <br />10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condcmnation <br />or othcr taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigncd and shall bc paid to Lcndcr. <br />In the evcnt of a total taking of the Property, the proceeds shall be applied to the sums sccurcd by this Sccurity Instrumcnt, whcthcr <br />or not thcn duc, with any cxcess paid to Borrower. In the event of a partial taking of the Propcrty in which thc fair markct valuc of the <br />Propcrty immediatcly before thc taking is equal to or greater than the amount of the sums securcd by this Sccurity Instrumcnt immcdiatcly <br />before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduccd by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, <br />divided by (b) the lair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event ofa <br />partial taking orthe Property in which the fair market value of the Property immediately before the taking is less than the amount ofthe sums <br />secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, <br />the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. <br />I f the Property is abandoned by Borrower, or i r, all.er notice by Lender to Borrower that the condemnor offers to make an award or <br />settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to <br />collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, <br />whethcr or not thcn duc. <br />Unless Lender and Borrowcr othcrwise agrce in writing, any application ofprocccds to principal shall not extend or postpone the due <br />date of the monthly payments referrcd 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 of the time for payment or modification of <br />amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not opcratc to <br />release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings <br />against any succcssor in interest or refuse to cxtcnd timc for paymcnt or othcrwisc modify amortization of the sums secured by this Security <br />Instrumcnt by rcason of any dcmand made by the origimil Borrower or Borrower's successors in interest. Any forbearance hy Lender in <br />exercising any right or remedy, shall not be a waivcr of or prcclude the exercisc of any right or remedy. <br />12, Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security <br />Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrowcr's <br />covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but docs not exccutc thc Notc: (a) <br />is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this <br />Sccurity Instrumcnt; (b) is not personally obligated to pay the sums securcd by this Security Instrument; and (c) agrees that Lender and any <br />other Borrower may agree to extend, modify, forbear or make any accommodations with regard to thc tcrms ofthis Security Instrument or the <br />Note without that Borrower's consent. <br />13. Loan Charges. Ifthe loan secured by this Security Instrument is subject to a law that sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to bc collccted in connection <br />with the loan cxceed thc pcrmitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to thc <br />permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lcnder <br />may choose to make this refund by rcducing the principal owed undcr the Note or by making a direct payment to Borrower. If a refund <br />reduces principal, the rcduction will be treated as a partial prepayment without any prepayment charge under the Note. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by I1rst <br />class mail unless applicable law requircs usc of another method. The notice shall be directed to the Property Address or any other address <br />Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any <br />other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been <br />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 jurisdiction in <br />which the Property is located. In the event that any provision or clau-seofthis Security Instrument or theNilTe'eDhflicts with applicable law, <br />such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting <br />provision. To this end the provisions of this Security Instrument and the Note arc declared to be severable. <br />16, Borrower's Copy. Borrower shall be 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 any interest <br />in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural pcrson) without Lender's <br />prior writtcn consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, <br />this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. <br />If Lcnder exerciscs this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than <br />30 days from the date the notice is delivered or mailed within which Borrower must pay all sums sccurcd by this Security Instrument. If <br />Borrowcr fails to pay thcsc sums prior to the expiration ofthis period, Lender may invoke any remedies permitted by this Sccurity Instrument <br />without furthcr notice or dcmand on Borrower. <br /> <br />'~'~......~ <br />