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<br />I" <br /> <br />88- 101579 <br /> <br />u <br /> <br />If Lender required mortgage insurance as a condition of making thc loan secured by this Security Instrument, <br />Borrower shall pay Ihe premiums required to maintain the insurance in effecl until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's wrillen agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon ami 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 of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shaH be paid to Lender. <br />In the event of a total taking of the Property, the procecds shall be applied to the sums secured by this Security <br />Instrument, whethcr 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 restomtion or repair orthe Property or <br />to the sums secured by this Security IllSt rument, 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 Not a Waiver. Extension of the time for payment or <br />modification of amortization of thc sums secured by Ihis Security Instrument,granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall nol be required to commence proceedings against any successor in interest or rcfuse to extend time for <br />paym1:111 or otherwise modify amorlization of the sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest, Any forbearance by Lcnder in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />II. Successors and Assigns Bound; Joint and Senral 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 agreements shalI be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not executc the Note: (a) is co-signing this Sccurity 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 personalIy 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 Instrumcnt or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument 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 cxceed the permitted limits, then: (a) any such loan charge shall be reduced by Ihe amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />pl'rmitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by lllllking a direct paymcnt to Borrower, If a refund reduces principal, the reduction will be treated liS a <br />partial prepayment without any prepayment charge under the Note. <br />13. l.egislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforcellble according to its terms, Lender, at its option, <br />may reqnire immediate payment in full of all SUlIlS secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering il or by <br />mailing it by first class mail unless applicable law requires use of another melhod. The notice shall be directed 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 designates by notice 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 Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which tl\l; J>r~)perty b located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be gh'l:n effect without the conflicling provision. To this end the provisions of this Security Instrumcnl and the <br />Notc arc declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this SecurilY Instrument. <br />17. Transfer of the Property or a lteneficial Interest in Borrower, If all or any part of the Property or an)' <br />interesl in il is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a 1Ii1lural <br />person) without Lcnder's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Securil)' Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federallnw as of the date of this Security Instrument. <br />If Lender cilcrcises this option, Lender shall give Borrower notice of acceleratioll. The notice shall provide a pcrioll <br />of not less than 30 days from the datI.' Ihe notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If lJorrower fails to pay these sums prior to the expiration of this period, Lender ilia)' invoke any <br />remedies permitled by this Security Instrument without further notice or demand on Borrower. <br />18. Ilorrower's RIKht to Reinstate. If Borrower meets cerlain conditions, Borrower shall have the righl 10 have <br />enforcement of this Security Inslrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law mil)' specify for reinstatement) before salc of the Propl'rlY pursu;lIIt to any power of sale contained in this <br />Security Instrumcnl; or (b) cntry of;1 judgment enforcing this Security Inslrull1enl. Those conditions life Ihal Borrower: <br />(a) pays Lender aU MIniS which then would he due under this Security In\tnunenl amI Ihe Noll' had no aCn'lef3lion <br />occurred; (b) cures any defnult of an)' olher covenants or agreemcnts; (c) pays all expenses incurrcd in cnforcing this <br />Security In<.,trllll1ent. including. hut nol limited to, rellsonablc 1l110fllCYS' fees; ,Ind (d) lakes s\Jch 1II;I1On ilS 1.~'II(h-r may <br />reasonably require ICJ assure thai the licll of Ihis Seeurily Instrumcnt, Lender's flghls in the Propcrty illlll lImHlwcr's <br />ohligation In p"y the sums secufl~d hy Ihis Se<::urity InslruIIIl;nl shall conllllnc unchanged. Upon n:instatt'm~'nl by <br />DQ~!~!wer. Ilus Sel'urily Instrulllent alHlthc ohligations secured herch,' shull rCllIlun fully <'Iredi"e as If U<l lIcCCICraliol1 had <br />(x'curred. I IllWl'\'cr. this right to rcill',tatc shilll not lIpply in the t'IlSI.' nf,lCl'cl('r atllll1l1nder jliHagmphs 1.\ or 17 <br /> <br />. .! <br />