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<br />I <br /> <br />L <br /> <br />D1C'29.2.cn (11/!l7) <br /> <br />, ,"'~)"~ f' f\. \.... <br />~ ,', (1 ' , l J. <br /> <br />88- 10.0587 <br /> <br />II Lender required mortgage Inourance as a condition 01 making the loan secured by the Security Instrument, Borrower shall pay the <br />pret11lums required to maintain the Insurance In effect until !ouch time as the requirement lor the Insurance terminates In accordance with <br />Borrower's llndLender's written agreement or applicable law, <br />8. InspectIon. lender or Its agent may make reasonable entries upon and Inspections of the Properly. lender shall give Borrower <br />notice at the time 01 or prior to an Inspection specllylng reasonable cause for the Inspection, <br />9. CondemnatIon. The proceeds 01 any award or claim lor damages, direct or consequential, In connection with any condemna. <br />tion or other taking 01 any part 01 the Property. or lor conveyance In lieu 01 condemnation, are hereby assigned and shall be paid to <br />lender. <br />In the event of a total taking 01 the Property, the proceeds shall be applied to the sums secured by this Security Instrumellt, whether <br />or not then due, w!th any excess paid to Borrower. In the e\fent 01 a partial taking 01 the Property, unless Borrower and Lender otherwise <br />agree In writing, the sums secured by this Security Instrument shall be reduced by the amount 01 the proceeds multiplied by the lollowing <br />fraction: (a) the total amount 01 sums secured Immediately before the taking, divided by (b) the lair market value 01 the Properly Immediately <br />before the taking, Any balance shaH be paid to Borrower. <br />If the Property Is abandoned by Borrower, or If, alter notice by Lender to Borrower that the condemnor offers to make an award or <br />settle a claim lor damages, Borrower falls to respond to Lender within 30 days alter 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 <br />Instrument, whether or not then due, <br />Unless Lender and Borrower otherwise agree In writing, any application 01 proceeds to principal shall not extend or postpone the due <br />date of the monthly payments referred to In paragraph 1 and 2 or change the amount 01 such payments, <br />10. Borrower Not Released; Forebearance By Lender Not a Waiver. Extension 01 the time for payment or modifi. <br />cation of amortization 01 the sums secured by this Security Instrument granted by lender to any successor In Interest of Borrower shall <br />not operate to release the liability 01 the original Borrower or Borrower's successors In Interest. Lender shall not be required to commence <br />prOceedings against any successor In Interest or refuse to extend time lor payment or otherwise modify amortization 01 the sums secured <br />by this Security Instrument by reason 01 any demand made by the original Borrower or Borrower's successors in Interest. Any forbearance <br />by Lender In exercising any right or remedy shall not be a waiver 01 or preclude the exercise of any right or remedy, <br />11. Successors and Assigns Bound; Joint and Several Uabillty; Co-signers. The covenants and agreements 01 <br />this Security Instrument shan bind and benefit the successors and assigns of lender and Borrower, subj0l:.1 to the provisions 01 paragraph <br />17, Borrower's covenants and agreements shall be joint and several. Any Borrower who co.slgns this Security Instrument but does not <br />execute the Note: (a) is co-slgnlng this Security Instrument only to mortgage, grant, and convey that Borrower's Interest In the Property <br />under the tenns of this Security Instrument; (b) Is not personally obligated to pay the sums secured by this Security Instrument; and (c) <br />agrees that lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to terms of <br />this Security Instrument or the Note without that Borrower's consent. <br />12. Loan Charge.. If the loan secured by ttils Security Instrument Is subject to a law which sets maxlmum loan charges, and <br />that law is finally interpreted so that the Intf!fest or other loan charges collected or to be collected In connection with the loan exceed the <br />permitted Nmlts, then; (a) any such loan charges shaN be reduced by the amount necessary to reduce the charge to the pennitted limit; <br />and (b) any sums already collected from Borrower which exceeded permitted IImlts wil~ be refunded to Borrower. lender may choose to <br />make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, <br />the reduction wIN be treated as a partial prepayment without any prepayment charge under the Note, <br />13. legislation AffectIng Lender's Rights. If enact"!el'lt or expiration 01 applicable law has the effect of rendering any <br />provision of the Note or this Security Instrument unenforceable according to Its terms, Lender, at its option, may require immediate payment <br />in ful of aN sums secured by this Security Instrument and may Invoke any remedies permitted by paragraph 19. If Lender exercises this <br />option, Lender shaH take the steps specified In the second paragraph 01 paragraph 17. <br />1.. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first <br />class maM unless appHcable law requires use of anothel' method. The notice shaH be directed to the Property Address or any other address <br />Borrowel' 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 Borrowel' 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 01 the juriSdiction In <br />which the Properly is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable <br />law. such conflict shaH 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 01 this Security Instrument and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shaH be given one co:tformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest In Borrower. II all or any part 01 the Property or any Interest in <br />it Is sold or translerred (or If II beneficial Interest In Borrower Is sold or transferred and Borrower Is not a natural person) without Lender's <br />prior written consent, Lender may, at Its option, require Immediate payment in fuN 01 all sums secured by this Security Instrument. <br />However. this option shaN not be exercised by Lender If exercise Is prohibited by federal law as of the date 01 this Security Instrument. <br />If lender exercises this option, Lender shaH give Borrower notice of acceleration, The notice shall prOVide a period of not less than 30 <br />days from the date the notice Is deIlvel'ed or mailed within which the Borrower must pay all sums secured by this Security Instrument. If <br />BoIrower faMs to pay these sums prior to the expiration of this period, Lender may Invoke any remedies pennitted by this Security Instru. <br />ment without furthel' notice or demand on Borrowel'. <br />18. Borrower'. RIght to Relnatate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement <br />of this Security Instrument discontinued at any time prior to the earlier 01: (a) 5 days (or such other period as applicable law may specify <br />for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a <br />judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender aU sums which then would be due under <br />this Securtty Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenant or agreements; (c) pays <br />.. expenses Incurred in enforcing this Security Instrument, Including, but not limited to. reasonable attorneys' fees; and (d) takes such action <br />as lender may reasonably require to assure that the lien of this Security Instrument, lender's rights In the Property and Borrow8!"s obllg. <br />atlon to pay sums secured by this Security Instrument shaH continue unchanged. Upon reinstatement by Borrower, this Security Instrument <br />and the obIlgatlons secured hereby shaM remain fully effective as If no acceleration had occurred, Howe..er, this right to reinstate shall <br />not apply in the case of acceleration under paragraph 13 or 17, <br /> <br />r- <br /> <br />197807 <br /> <br />Poge J Qr 4 <br /> <br />C /';' I~\ (' . <br /> <br />, <br />t:.- <br /> <br />"" <br />