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<br />88= 100916 <br /> <br />l <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrowcr shall pay the premiums rcquired to maintain thc insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />S, Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9, Condemnation, The proceeds of any ~ward or claim for damages, direct or consequential. in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assignl'd and shall bl' 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 />Instrument, whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />to the sums 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 and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender ~ot a Waiver. Extension of the time for payment or <br />modification of amortization of the sums securcd by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of t he original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings agalllst any successor in intl'rcst or refusc to extend time for <br />payment or otherwise modify amortization of the sums securcd by this Secunty Instrument by reason of any demand madc <br />by thc original Borrower or Borrower's successors in intcrest. Any forbearance by Lender in exercising allY right or rcmedy <br />shall not be a waiver of or preclude the eXl'rcise of any right or rcmedy. <br />11, Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to thc provisions <br />of paragraph 17. Borrower's covenants and agreemcnts shall be joint and several. Any Borrower who co-signs this Secunty <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12, Loan Charges, If thc loan securcd by this Security Instrumcnt is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan eharge shall be reduced by the amount <br />necessary to reduce thc charge to the pcrmitted limit; and (b) any sums already collected from Borrower which exceedcd <br />permitted limits will bc refunded to Borrower. Lender may choose to make this refund by reducing the principal owcd <br />under the Note or by making a direct payment to Borrower. If a refund reduces principal, thc reduction will bc treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13, Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the clf.:ct of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, <br />may require immediate payment in full of all sums secured by this Security Instrument and may invokc any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps spccified in the second paragraph of <br />paragra ph 1 7. <br />14, Notices. Any notice to Borrower provided for in this 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 shall be directcd to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designatcs by noticl' to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15, Governing Law; Severability. This SecurilY Instrument shall be governed hy federal law and the law of thc <br />jurisdiction in which the Property is located. In the event that any provision or c1ausl' of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumcnt or the Note <br />which can be given effeet without the conflicting provision. To this end the provisions of this Security Instrument and thc <br />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 <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferrcd and Borrower is not a natural <br />pl'rson) without Lender's prior written consent, Lender may, at its option, require imml'diatl' payment in full of all sums <br />sl'cllrl'd hy this Security Instrument. However, this option shall not be exercised by Lender if exercisc is prohihited hy <br />federal law as of the date of this Security Instrument. <br />If l.l'ndl'r exercises this option, Lender shall give Borrower notice of acccleration Thl' notice shall provide a pl'nnd <br />of not less than 30 days from the datc the noticc is delivered or maIled within which Borrower mu,t pay all sums secured by <br />this Sl'cunty lnstrullll'nt. If Borrower fails to pay thcsl' sums prior to the expiration of thi, period, Lender may invoke any <br />rcmedies pefllllttcd by this Security Instrument without further notice or demand on Borrower. <br />18, Borrower's Right to Reinstate, If Borrower meets certain conditions. Borrower ,hall haw the nght to hall' <br />enforcl'mcnl of this Sccunty Instrument discontinued at any timc prior to the l'arlier of: (a) 5 dav, (or ,ucli other pl'nod a' <br />applicable law may spcclfy for relllstatl'ment) beforl' sale of the Property pursuanl to any pOWl'r of sale L'ontallled III Ihl' <br />Security In,trument. or (b) entry of a Judgml'nt enforcing this Security Instrument. Tho,l' cOllditions arc thai B"IT'l\\el <br />(a) pays Lender all SlJlllS which thl'lI would be due under this Security Instrument and the \i,lle Iiad 111\ aCCelclall<\n <br />occurred. (h) cure, any dl'fault of any o!her cm'enanh or agreements; (c) pays all npen'l" InL'urred In enfprL.ln~ Ihl' <br />Security ImtrunH'nt, IIIcludlllg, hut not hrllltl'd to, reasonable attorney,' fees; and (d) takes weh aL'llllll 'I' I endl'1 1ll,1\ <br />rcasl1nably rCljulre In assurl' that the hen pI' IlllS Security Instrul11l'nt, Ll'ndl'r', nghi'. 111 Ihl' I'fllpL'1ly ;11111 lip IT 11 " ",', <br />ohhgatHlTl III pay Ihe ,urn, ,eulr...1 hy till, Sl'l:Ullly Instrulllent ,hall cm1!lnUt' IInehangcd [.1"\11 1<'11I'lal,'nll'nl h\ <br />Ilonown. lh" Seulnly In,tlumenl and lhe obligallon, 'ecurl'd Iierehy .,hallll'malll flllh t'!lc,.ll\c a' II II<' 'kd'kul,,'" b,Il' <br />"L tUffnl 11",,,.\ ,'J . I hI' light 10 ft'llI,tall' ,hall not apply 111 t hc ,.a,c Il( aLd'kl .111"" 1I11,k, J',,, ,I CI ,11,b, : 1 "' :- <br /> <br />/ <br />r. <br />... <br />