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<br />! <br />j <br />i <br />Ii <br /> <br />87- <br /> <br />107085 <br /> <br />L <br />1 <br />U <br /> <br />If Lender required morlgage insurance as a condilion of making Ihe loan secured by Ihis Security Instrument, <br />Borrower shall pay Ihe premiums required 10 maintain the insurance in effecl until such lime as Ihe requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreemenl or applicable law. <br />B. Inspection. Lender or ils agent may make reasonable enlries upon and inspeclions of Ihe Property. Lender shaH <br />give Borrower notice al the time of or prior 10 an inspeclion specifying reasonable cause for the inspeclion. <br />9. Condemn.tlon. The proceeds of any award or claim for damages, direcl or consequential, in connection with any <br />condemnation or other taking of any part of the Properly, or for conveyance in lieu of conde inn at ion, are hereby assigned <br />and shall be paid to Lender. <br />In Ihe evenl of a. lolal taking of Ihe Property, Ihe proceeds shaH be applied 10 Ihe sums secured by Ihis Security <br />Instrument, whether or not then due, with any excess paid 10 Borrower. In Ihe evenl of a partial laking of Iheproperty, <br />unless BorrO'A'Cr and Lender otherwise agree in wriling, the sums secured by this Securily 1nslrumenl shaH be reduced-by Ihe <br />amount of Ihe proceeds multiplied by the following fraction: (a) the total amount of Ihe sums secured immedialely before Ihe <br />taking, divided by (b) Ihe fair market value of the Properly immediately before Ihe taking. Any balance shaH be paid to <br />Borrower. <br />If the Property is adandoned by Borrower, or if, afler notice by Lender 10 Borrower that _the condemnor offers 10 <br />make an award or settle a claim for damages, Borrower fails 10 respond to lender wilhin 30 days after Ihe dale Ihe nOlice is <br />given. Lender is authorized to collect and apply Ihe proceeds, al ils oplion, eilher 10 resloralion or repair of Ihe Property or <br />to the sums secured by this Security Instrument, whelher or not then due, <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaH nol eXlend, or <br />poslpone the due dale of Ihe monthly paymenls referred to in paragraphs I and 2 or change the amount of such paymenls. <br />10, Borrower Not Rekawd; forbe.rance B)' boder Not. W.lver. Extension of the time for payment or modification <br />of amortization of Ihe sums secured by this Security Instrument granted by lender to any successor in interesl of Borrower <br />shallnol operate 10 release the liability of Ihe original Borrower or Borrower's successors in interes!. lender shall nol be <br />required 10 commence proceedings agaimt any successor in interest or refuse to extend time for paymenl or otherwise modify <br />amorlizalion of Ihe sums secured by this Security Instrument by reason of any demand made by Ihe original Borrower or <br />Borrower's successors in inlerest. Any forbearance by lender in exercising any righl or remedy shall nol be a waiver of or <br />preclude Ihe exercise of any right or remedy, <br />n. Suctft50n ..d AssI&ns Bound; Joint and Mveral Llabillt~,; Co-signers. The covenanls and agreements of Ihis <br />SecurilY Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to Ihe provisions of <br />paragraph 17. Borrower's covenants and agreements shall be joinl and several. Any Borrower who co-signs Ihis Securily <br />Instrument but does not execute the Note: (a) is co' signing this Secmity Instrument only to mortgage, grant and convey that <br />Borrower's interest in Ihe Properly under the terms of this Security Instrument; (b) is not personaHy obligated to pay the <br />sums secured by this Security Instrumenl; and (c) agrees that lender and any other Borrower may agree to extend, modify, <br />forbear or make any accommodalions with regard 10 the lerms of Ihis SecurilY Instrumenl or the Note withoul Ihat <br />Borrower's consent. <br />U, Loan Ch....n. If Ihe loan secured by this Security Instrumenl is subjecl 10 a law which sels maximum loan <br />charges, and that law is finally interpreled so Ihat the interest or olher loan charges collected or to be collecled in conneclion <br />with the loan exceed the permitted ,limils, Ihen: (a) any such loan charge shall be reduced by Ihe amount necessary to reduce <br />Ihe charge tOlhepermitted limit; and (b) any sums already collected from Borrower which exceeded permitted Ii mils will be <br />refunded 10 Borrower. lender may choose 10 make this refund by reducing the principal owed under the Note or by making <br />a direct payment 10 borrower. If a refund reduces principal. the reduction will be treated as a partial prepaymenl wihoul any <br />prepayment charge under the Note. <br />n. Leahlatloa Afledla. Leader's Rlahts. If enactment or expiration of applicable laws has the effecl of rendering any <br />provision of the Note or this Security Instrument unenforceable according to its terms, lender, at its option, may require <br />immediate payment in full of all sums secured by Ihis Security Instrument and may invoke any remedies permitted by <br />paragraph 19. If Lender exercises this option, lender shall lake the steps specified in the second paragraph of paragraph 17. <br />.4. Nolka. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mallin. it by first class mail unless applicab'e law requires use of another method. The notice shaH 0..: directed ,to the <br />Property ,\ddress or any other address Borrower designates b)' notice to Lender. Any notice to Lender shall be given by first <br />class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been gi\'en to Borrower or Lender when given as provided in <br />this paragraph. <br />15. Gonnlilll Law; Mt't'rabUlly. This Securit)' Instrument shall be governed by federal law and Ihe law of the <br />jurisdiction in which the Property is located. In the event that any provisions or clause of this Security Instrument or Ihe <br />Note conflicts wilh applicable law, such conflict shall not affect other pro\'isions of this Security Instrument or the Nole <br />which can be given effect \\ilhout Ihe conflicting provision. To this ~nd the provisions of this Securily Inslrument and the <br />Note are declared to be severable. <br />.6. 84m'ewer'. COP)', Borrower shall be given one conformed Copy of the Note and of this SecurilY Instrument. <br />17. Trulfer of llle Property or . Belldldallalerestla Borrower. If all or any part of Ihe Property or any interest in it <br />is sold or tr~sferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) <br />without Lender's prior written consent, Lender may, at its option, require immediate paymenl in full of all sums secured by <br />this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of <br />the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice 01 acceleration. The notice shall provide a period of <br />not less than 30 days from the date Ihe notice is delivered or, mailed wilhin which Ihe Borrower must pay all sums secured by <br />lhis Security,lnstrumenl. If Borrower fails 10 pay these sums prior to the expi,-.'\tion of this period, lender may invoke any <br />remedies permitted by ~his Security Instrument without further notice or demand on Borrower. ' <br />11. ~er'. ~, 10, Rriulale. If Borrower meets certain conditions., Borrower shall ha\'e the righl to have <br />enforcement of this Security Instrumenl discontinued at any time prior to th~ earli~r of: (a) S days (or such olher period as <br />applicable law may specify for reinstalement) before sale of the Property pursuant to any pnwer of sale contained in this <br />Security Instrument; or (b) entl)' of ajudament enforcin. this Security Instruinent. Those conditions are that Borrower: (a) <br />pays Lender all sums which Ihen would be due under this Security Instrument and the Note had no acceleration occurred; (b) <br />cures any def.ult of any other covenants or qreements; (c) pays all expenses incurred in enforcing this. sKuri!)' Instrument, <br />illCludin.. but not limited to, reasonab1eattomey'S fees; and (d) lakes such action as Lender may reasonably require 10 assure <br />that the lien oLlhis Security Inslrument, lender's ri.hlS in Ihe Property and Borrower's obligation to pay Ihe sums secured <br />by this Securil)' Instrument shall continue unchailJed. Upon reinSlatemenl by Borrower, Ihis Security Instrument and Ihe <br />obliptio!ls secured hnebyshall remain fully effeeth'eas if no .cce1eration had occurred. HO'A'e\'er, this righl 10 reinltale shall <br />not apply in the c.seof acceltralion under parqraphs 13 or 17. <br /> <br />.' <br />" <br /> <br />;.. <br />