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<br />I <br /> <br />88- 102010 <br /> <br />'j <br />Ii <br />I; <br /> <br />If Lender required mortgage insurance as a condilion of making the loan secured by this Security Instrument, <br />Borrower shall pay the pre'miums 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 />I. IlUpedlon. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, <br />9.eoademn.tlon. '"The proceeds of any award or claim for damages, direct or consequential. in connection with any <br />condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned <br />and shall be paid to Lender. <br />In the event ~. 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 Properly, <br />uniess Borrower and Lender otherwise agree in writing, the sums secured by this S<<urity Instrument shall be reduced by the <br />amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />takinl. divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to <br />Borrower. <br />If the Property is adandoned 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 fai!s to respond to Lender within 30 days after the date the notice is <br />Biven, 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 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 I and 2 or change the amount of such payments. <br />10. Bonowtr Not Releuedj Forbe....nce 8, Lendrr Not. Waiver. Extension of the time for payment or modification <br />of amortization of the sums secured by Ihis Security Instrument granted by lender to any successor in interest of Borrower <br />shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be <br />required to commence prOCeedings against any successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br />preclude the exercise of any right or remedy. <br />n. Succnson and Aula_ Boundj Joint and Sen...1 Liability; Co-sllners. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to the provisions of <br />paragraph 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 that <br />Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, <br />forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that <br />Borrower's consent. <br />12. Lb. Cllal'll!S. If the loan secured by this Security Instrument h 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 connection <br />with the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce <br />the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making <br />a direct payment to borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wihout any <br />prepayment charge under the Note. <br />13. ........1108 AffedlB. LeHer's HI.IIls. If enactment or ellpiration of applicable laws has the effect of rendering any <br />provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require <br />immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by <br />parqraph 19. If Lender nerdses this option, Lender shall take the steps specified in the second parqraph of paragraph 17. <br />,.. Notka. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mallin. 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 first <br />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 d~med to have been given to Borrower or Lender when given as provided in <br />this parqraph. <br />15. Go.end.. Law; SennWllly. 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 provisions 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 liven effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />.,. .....ft.... 0.,. Borrower shall be gi\len one conformed Copy of the Note and of this Security Instrument. <br />17. T.....er of tile Proferty or . .wlld8llalerftt I. Borrower. If all or any part of the Property or any interest in it <br />is 501d or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) <br />without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by <br />tbis Security Instrument, However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of <br />the date of this, Security Instrument. <br />If Lender exercises this option, Lender shall live Borrower notice of acceleration, The notice shall provide a period of <br />not .... than 30 cIa)'l from the date the notice is delivered or mailed within which the Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails t{\ pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />I.,~.A..."'" "'~t' to RIIMbItc. If Borrower meets certain conditions, Borrower shall have the right to have <br />ClIf~t of this Security Instrument discontinued at any time prior to the earlier of: (.) 5 days (or such other period as <br />lipplicable law may s~fy, for, reinstatement) ,before sale of the Property pursuant to any power of sale contalned in this <br />Security Instrument; or (b) entry of . judpitent enfordn, this Security Instrument. Those conditions are Ihat Borrower: <a) <br />pep Lender all ~umswhk:h then would be due under this Security Instrument and the Note had no acceleration occurred; (b) <br />aIRS an, default of any other Govenants or qreements; (c) pays all ellpcnses Incurred in enfordn. this Security Instrument, <br />....... but not limited io, rcalOnable attorney's fen; and (d) tlkes such action as Lender may reasonably require to assure <br />tMl, tbe lien of this Security Instrument,' Lender's riahts in the, Property and Borrower's obiipUon to pay the sums secured <br />, br, &lab 5e;urlty lrutrument,' shall continue unchan.ed. Upon reinstateme-nt by Borrower" this Security Instrument and the <br />otlMptlons secured hereby shall remain fully effective 115 if no acceleration had occurred. However. this right to reinstate shall <br />-.01 ...y In the CIM of ~1cr.Uon under parqrlphs U aT 17, <br /> <br />il <br />I '~ <br />Ii <br /> <br />I: <br /> <br />1: <br />