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<br />I <br /> <br />88- <br /> <br />101796 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shaIl 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 written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time afar 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 shall be paid to Lender. <br />In the evcnt 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 sccured 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; ForbellrllDce By Lenricr Not 0 Wlli"cr. Extension of the time for payment or <br />modification of amortization of the sums :5ecured by this S~urity Instrument granted by Lender to any successor in <br />interest of Borrower sh:J.\lnot operate to release the liability of the original Borrower or Rorrower's :mcces:mrs in intcrCtit, <br />Lender shall nor be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums s~ured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. An)' forbearance by Lender in e:\crcising any right or remedy <br />shall nOl be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liabilit),; Co'signers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns ofLenuer and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint and several. 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 interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Securit)' Instrument; and (c) agrees that Lender and any other Borrower may ugree to extend. <br />modify. forbear or makc 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 the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted 50 that the interest or other loan charges collected or to be collected in <br />connection with the loan eAcced thc permitlcd limits, then: (a) any such loan charge shall bc reduced by the amount <br />necessary to reduce the chargc to the permitted limit; and (b) any sums already collccted from Borrower which cxceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct pa)'ment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without an)' prcpayment charge under the Note. <br />13. Legislation Affecting Lender's Ri~hls. If enactment or e:\piration of applicable laws has the effect of <br />rendering any provision of the Note or this Sccurity Instrument unenforceable according to lis terms. Lender. at its option, <br />may require immediate payment in full of all sums secured by this S~urity Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender e:\crcises 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 it or by <br />mailing it by first 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 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 Rorrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been gi\'cn to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Goyerning Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is 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 given effect without the conflicting provision. To this end the provisions of this Securily Instrument and the <br />Note are declared to be severable. <br />16. Borrower.s Copy. Borrowcr shall be givCfl one conformed copy of the Note and of this Security Instrumen!. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. [f all or any pari of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a nat ural <br />person) without Lender's prior wrillen consent. Lender may. at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibiled by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises Ihis option. Lender shall give Borrower notice of acceleratioll. The notice shall provide ,I period <br />of not less than 30 days from the date Ihe notice is delivered or mailed within which Borrnwcr musl pay all sums sccured by <br />this Security Instrumen\. If&rrower fails to pay these Sums prior to the c)\piration of this period, Lender may invoke ilOY <br />remedies pc:rmiltcd by this Sccurity,lmilrument withoutfunher notice or demand 011 Borrower. <br />, 18. Bort9"er.s RiKht to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to havc <br />enforcement of this Security IlIstrument discontinued at any lime prior (() the earlier of; (i\) 5 d"y:> (or such other perioll 11S <br />Applicable law may specify for reinstatement) before sale of the Property pursuant 10 any power of sale conh.incd in Ihis <br />Securilylnstrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower: <br />(a) pa)'s Lender 211 sums which then would be due under this SeeUril)' Instrument and Ihe NOle Iwd no i\C~,:dcralion <br />oc<ourn:dj (b) cUr~ any default of any other covenants or agreements: (c) pays all eJ(~cn5cs incurrcd in enforcing this <br />~urity Instrument, including, but not linlited to, reasonable ..ttorney:;' f<:c~; and (d) takes such action as l.endcr may <br />r~"ably require to assure that the lien of this Security [nstrument, Lender's nghl!. in the Properly :llld Borrower's <br />obligation to pa}' the ..um!;, s<<ured by this S<:curlty I"strllrnenl ..hall conlinuc unchanged, UPOIl reinstatcmcnt by <br />Rorru'lli'cr. Ihi~ Security Instrument llnd the obligations secured hereby !;hllll relllillll full). cll'cctiv~ ;~s if 110 a\C~-ck'mll{}n hild <br />o.;:curro;:d, U(lwcvn,thl~ nghllO rcimtltlc ~hllll not apply III the Ul~C ofarcclcrlltiOIl under IlJlrJI~mph!. 1301 17 <br /> <br />;d <br />