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<br />88- <br /> <br />101801 <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 etTect 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 of or prior to an inspection specifying reasonable cause for the inspection. <br />9, Condemnation. The proceeds of any award Of 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 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 proceed~ 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 i'roperty 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 withi!l 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at its option, eit her to restoration or repair of the Property or <br />10 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 1 and 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Wah'er, Extension of the time for payment or <br />modification of amortization of the sums secured by thi~ 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 not be required to commence proceedings against any ~uccessor in interest or refuse to extend time for <br />payment or otherwise modify amortization 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 Lender in exercising 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 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 the provisions <br />of paragraph 17. Borrower's covenants and <Igreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but docs 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 In~trument; and (c) agrees that lI.~nder 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 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 otha loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <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 payment to Borrower, If a refund reduces principal. the reduction will be 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 effect 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 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 lhi!> 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 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 the I'roperty is located. In the event that any provision or clause of this Security Instrument or the <br />Note connicts with applicable law, such contlict shall not atTect other provisions of this Security Instrumelll or the Note <br />which can be gi\'cn effect without the conflicting provision. To this cnd the provisions of this Security Instrument and the <br />Note are dedared In be seYerabll'. <br />16. 80rro...er's COP)'. norrower shall be given one conformed copy of the Note and of this Security I nstrumcnt. <br />17. Transfer or the Property or a Beneficial Interest in Borrower. If all or any part of the ProperlY or allY <br />interest in it is sold or lran~ferred (or if a beneficial interest in Borrower is sold or transferred and Borrower IS not (I nalllral <br />person) Wllhout Lenllcr's prior written l'onsent, Lender may, al its option, require immediate payment in full of all sums <br />secured b)' this Sccurit)' Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercihcs this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than JO days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this paiod, Lender may invoke any <br />remedies permiued by Ihi!> Security Instrument without flirt her notice or demand on Borrower. <br />18, Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall ha\'e the right to ha\'e <br />enforcement of this Security Instrument discontinued at any lime prior to the earlier of: (a) 5 days (or such olher period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contamed in I hi~ <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under this Security Instrument and lhe Nole had no accelcration <br />OCcurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in cnrorelllg tillS <br />Security Imtrumellt, Including, but not Iimiled to, reasonable attorneys' fees; and (d) takes such action as Lcnder lI\ay <br />rcaronably require to assure that the lien of thiS Security Instrument, Lemler's fights III the Propl'rty and Borrower's <br />obligation to pay the sums ..ecured by this Sl'Curity Instrument shall continue unchanged. Upon reinstatcmcnt by <br />8orro'oa.'er, this Security I Ilstrument and the obligations 'il'cured hereby !>hall remain fully eJl"Ct.II\'C as if nil accderalltll) had <br />occurred, However, I Ills right 10 relnslatc .."aU not apply in Ihe cllse of aeeder.ltlOn under paragraph.. I_lor 17 <br />