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<br />I <br /> <br />l <br /> <br />88-- <br /> <br />101130 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's wrilten 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 award or claim for damages. direct or consequential. in connection with <br />any condemnation or other taking of any part c~ the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be 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 Securily <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 cl8lm for damages. Borrower fails to respond to lender within 30 days after the date Ihe notice is <br />given, Lender is authorized to collect and apply the proceeds, at ils option. either to reslOration or repair of the Property or <br />to the sums secured by thIS Security Instrument. whelher or not then due_ <br />Unless Lender and Borrower otherwise agree in writiug, any application of proceeds to principal shall not extend or <br />postpone the due dale of t he monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower ~ot Released; Forbearance By Lender ~ot a Wail'er. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any '\uccessor in <br />interesl of Borrower shall not operale to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse III extend time for <br />payment or otherwise modify amortizalion of the sums secured by this Security Instrument by reason tlf any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercismg any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several LiabiIit)"; Co-signers. The co\enant" and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and se\'eraL Any Borrower who co-signs this Security <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 intert..'Stlll the Property under the terms of this Security Instrument: (b) is not personally obligated to pay <br />Ihe sums secured by this Security Inslrument: and (c) agrees that Lender and any other Borrower ma} agree to extend, <br />modify, forbear or make any accommodations with regard to the lerms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12, Loan Charges. If Ihe loan secured by this Security In~lrument is subject 10 a law whIch sets maximum loan <br />charges, and that law is finally illlerpreted so that Ihe interest or other loan charges collected or to be collecled In <br />connection with lhe loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce tlte charge 10 the permitted limit; and (b) any sums already collected from Borrower ",'hich exceeded <br />permitted limits will be refunded to Borrower. Lender may choose 10 make thIS refund by reducing the principal owed <br />under the Note or by making a direct payment 10 Borrower- Ira refund reduces principal. the reduction will be treated a.. a <br />partial prepaymelll without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. Ir enactment or expiration of applicable laws ha.. the effect of <br />rendering any provision of Ihe Note or this Security Instrument unenforceable ~cording to Its terms. Lender. at its option, <br />may require immediale payment in full of all sums secured by this Security'fnstrumelll and may Ill\oke any remedies <br />permitted by paragraph 19. If Lender exercises this option. Lender shall take the steps "pt.'Cified In the second paragraph of <br />paragraph 17. <br />14. ~otices. Any notice to Borrower pronded for in this Secunty Instrumelll shall be gi\"en by ddl\enng II or hy <br />mailing it by firs! class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice 10 Lender. Any notice 10 Lender shall be gi\en by <br />first class mail to Lender's address stated herein or any other address Lender deslgnale!> by notice to Borrower. Any notKe <br />provided for in Ihis Sccurity In"lrumenl shall be deemed to have been giwn to Borrower or Lender when given as provid~'d <br />In this paragraph. <br />15. Governini: Law; Severability. Hns Secumy Instrumelll shall be go\erned hy fl'deralla\\ and the la\\ of Ihe <br />jurisdiclion in which the Property is located. In the e\ent Ihat any pro\ ISlOn or dau"e ,If IIIIS Security Instn:ment or the <br />Note conflicts with applicable law, such conflict shall not affecl other pro\ISIOnS of tIll" Sl'\.'unly Instrument or Ihe :-;ote <br />which call be given effect without the conflicting proviSIOn. To thiS end the pro\ I\lOns of thl' S~'\.'uflly Instrument and Ihe <br />Note are declared to be severable. <br />16, Borrower's Copy. Borrowcr shall be given one l'tlllformed C0py of the "Ole and of tillS Security Instrumenl. <br />17. Transfer of the Property or a Beneficial Interest in Borrol\('r. If all ,Ir any r,an of the Property or any <br />mterest in it is sold or lransferred (or if a beneficial Interest m Borrower IS "old or tramfl'rr~'d and Borrowcr IS not a natural <br />person) withoul Lender's prior written consent, Lender may, at lis option, reqUIre nnmediate payment III full of all sums <br />secured by thiS Security Instrument. However. thiS option shall nOI be exell'lsl'd hy Lender If exerc"e IS pfllluhlled by <br />federal iaw as of the date of this Security Instrument. <br />If Lender cxerclses this option, Lender shall gi\c Borrower notice of accelera'lon. lhe IHltlce shall prll\ Idl' ,I penl'd <br />of nolless than 30 days from the date the notice is deliwred or mailed wilhlll \\ hlch Btlrro'\ er lIlust pay all 'UI1lS senlrl'd hy <br />this Security Instrumcnt. If Borrower fails to pay these "urns pnor to the expiration of Ilus l'l'nod. Lender lIlay 111\ oke any <br />remedies permitted by tlus Security Inslrument without further notice or dellland on Borrower. <br />18, Borrower's Right to Reinstate, If Borrower meels certalll c'lndllllllls, Borflmer ,hal! h,l\e Ihe nglll 10 ha\e <br />enforcement of this Security Instrument discontinued at any time pnor 10 the earlier of (a) ~ days (or ,udl ,>lhl'r pl'nod as <br />applicable law may specify for rein"talemenll bcfore sale of Ihe Pwpeny pur'uanl 10 any pOl\l'r of ,ak ..(lIlI,lIl1ed III 1111, <br />Secunty III"trumellt: or (b) entry of a Judgmelll enforcmg Ihl" Secunty 1.I\lrulllelll Th'l,e ..'<llH.hlltlll' ;II, Ihal BOrrPl\er <br />(a) pays Lcuder all sums which then would be due under Ihl" Seeunly In,lrument and Ihe 'ole had II" 'll'..t'lnallon <br />o':curred; (b) cure" any default of any other covenants or agreement\. (CI pa)' all e\pen'c' IIlcurrcd III enfoll'lIl/! till' <br />Securlly In\lrUOll'!ll, Illcludmg, but not hnllted to, rea\onable altornevs' tt'e\. and It!) ta~c' such 'lcllOIl ..' I.enlkr' 111,1\ <br />reasonably require 10 a\\ure that the hen of tlm Seeunt} In\lrUlllenl'. Lender', r1l!hh In Ihe PIOpnl) ,II III lIorro,\el< <br />ohhgallon to pay the sum\ \ccured by Ihls Senmly IIl\trulllent ,hall l't\ntllllll' 1II1,h,1I1l!ed lpon !CII\'I;.Il'nh'l\l hI <br />Borro\\er. 1111\ Securlly In"lrulllellt and the ohligallom secured here h) ,hall 1,'110.1111 fulh d1"e..ll\l' ..' II !h\ ,.",'I.-I;llh\1\ h;ld <br />,It:t"llrretl !I 0\\ e\ n, 1111, nght III relllslate ,halll\ot appl) III I he laSe of a,,,.lc! "11"11 ulldel !'.\I.I/!l;lplh 1 ; "I i- <br /> <br />r'--. <br /> <br />/ <br /> <br />h <br /> <br />.' , '. <br />