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<br />88- 101843 <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 tenni.n,tcs!ri "accordance with Borrower's and Lender's written agreement or applicable law. <br />8. l..,ecuon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrowernotiee 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 />assigri.:d 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 othe2wisc 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) tbe fair market value of the Property immediately before the taking. Any balance shall be <br />prod 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 p~s, at its option, eithel" to restoration or repair of the Property or <br />to the sums secured by thi!; Security Insfrument, 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. Bomtwer Not Released; ForbearaDce By Lender Not a Waiver, Extension of the time for payment or <br />modi6cation of amortization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall nol 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 successor in interest or refuse to cll.tend lime for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument by reason ofany demand made <br />by the ori&inal Bonower or Borrower's successors in interest. Any forbearance by Lender in ucrcising any right or remedy <br />shall nOC be a waiver of or preclude the exercise of any right or remedy. <br />11. s.a:.-on'" Asmps &ud; Joint ud Scnral Ilability; Co-signen. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Le:nder and Borrower, subject to the provisions <br />ofparqraph 17. Borrower's covenants and agreements shall be joint 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 int.eresl 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 acrommodations with regard to the tenns of this Security Instrument or the Note without <br />that Borrower's consent. <br />U. Loa. a.q.. If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />cbaraes. 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 charge shall be reduced by the amount <br />necessary to reduce the clwJe to the permitted limit; and (b) any sums already collected from Borrower which ell.ceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the prbdpal owed <br />under the Note or by makiq a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />putiIl pRpaymcnt without any prepayment charge under the Note. <br />13. 1.&'.1", Atrectiila Le*rt. RiPtL If enactment or expiration of applicable laws has the effect of <br />rmderina any provision of the NOCeor 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 panaraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />puqraph 17. <br />I.. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delh'ering it or by <br />maiIins it by fint class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property A.ddress or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />fint cbss 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 panaraph. <br />15. G4nenlialLaW; SetenhUity. This Security Instrument shall be 8m'erned by federal law and the law of the <br />ju.rildiction 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 pven .eel without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrow." 0.,.. Borrower shall be given one confonned copy of the Note and of this Security Instrument. <br />17. 1'rMIfIr of tile Property or e Baeftdall.terest i. Borrower, If aU 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 transferred and Borrower is not a natural <br />penon) without Lender's prior written consent, lender may, at its option, require immediate payment in full of all sums <br />secured by thiilSecurity Instrument. However, this option shall not be exercised by lender if exercise is prohibited by <br />fedenllaw as of the date of this Security Instrument. <br />If LeDder eurciscs this option, Lender shall give Borrower notice of acceleration, The notice shall provide a period <br />of not less thanJOdays from the elate the notice is delivered or mailed within which Borrower must pay all ~ums secured by <br />this SecuriIJ InitnuPent. IflJofrowcr fails to pay these liums prior to the expiration of this period, lender may invoke any <br />"lbIdies permitted by this Security Instrument without further noticc or demand on Borrower. <br />II. "'~-4e1'dU"" to........ If Borrower meets certain conditions, Borrower shall have the right to have <br />enforalneat of this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as <br />appIic:ab&r law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security IllttnIJMnt; or (N entry of a judlffiCnt enforcina this Security Instrument. Those conditions are that Borrower: <br />(a),.,. Lcnckr all sums which then would be due under this Security Instrument and the Note had flO acceteration <br />occurnd; (b) cum an,. default of any other covenants or ....eements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, includin.. but not limited to, reasonable attorneys' fees; and (d) takes such action as lender may <br />~y require to AllUre tM' the lien of this Security Instrument. lender's rilhts in the Property and Borrower's <br />obIipIion to pay the IWftI ~urcd by this Security Instrument shall continue uuch.nlled. Upon reinstatement by <br />Borrower, this Security Instrument and the obIiptions secured hereby shall remain fully effective as if no acceleration had <br />occurred. Howner, this riabt to reinstate .han not apply in the case ofacceteration under paragraphs 13 or 17. <br /> <br />1 <br />