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<br />...J <br />l ; <br /> <br />; <br /> <br />j <br />I <br />I <br /> <br />! <br />; <br />I <br />i <br /> <br />u <br /> <br />88-102048 <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 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 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 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 eX~ess 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 orthe 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 ofsllch payments. <br />10, Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the time lar payment or <br />modification of amortization of the sums secured by this 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 successor in interest or refuse to extend lime 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 ofar preclude the exercise of any right or remedy. <br />II. 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 Ihe provisions <br />of 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: (3) 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 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 Instrument or the Note without <br />that Borrower's consent. . <br />U. 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 exceed the permitted limits, then: (a) any such loan charge shan 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 Notc or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />parlial 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 10 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 />pennitted 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 deliverillg 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 olher 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 nOlice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or tender 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 />junsdiclioninwhich the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Noteconfticts with applicable law, such conflict shall not affect other provisions of Ihis Security Instmment or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Noie are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Inst rument. <br />11. Traasferof the Propert)' or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />inter~tin ~t is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nOI a natural <br />. persofl) without Lender's prior written 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 exen:ised by Lender if exercise is prohibiled by <br />federal law as of the dateorthis Security Instrument. <br />.. . (fleTlder ex.ercises this option, Lender shall give Borrower notice of accelerat ion. The notice shall provide a period <br />of not lesstban 30 days from the date the notice is delivered or mailed within which Borrower mllst pay all sums secured by <br />thisSecu,r,ity Instrument. If Borrower fails to pay these !;ums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security (nstrumentwithout further notice or demand 011 narrower. <br />II, ~"er'sRightto Reinstate. If Borrower meets certain conditions, UOI'TOwcr shall havc the right to have <br />cnforccmeniofthis Security Instrument discontinued at any time prior to the carlier of: (a) 5 days (or such olher period as <br />applicable la1Nmayspccify for reinstatement) before sale of the Property pursuant 10 any power of sale contai ned in Ihis <br />Sec~rity ,Instrument; or (b) cntn' of n judgment enforcing this Sccuril}' Inst rumcnl. Thv:>c conditions arc I hat Borrower; <br />(.a) pays lender all sums wh.ich then wOllllibe due \I~lderthH. Security Instrument and Ihe Nole had no accl'leralion <br />occurred; (b) cures any defllultof any. other covenants or agreemenls; (c) pa}'s all expenses incurred ill enforcing this <br />SecuritylnMrument, including, butllot limited to, reasonable alloflleys' fees; and (d) IlIkes such action HS Lender Illay <br />rea\Onably require I.) assure that thcHen of this Security.'nstrumcnt, Lender's righis in the Property Hnd Borrower's <br />obligat.iol\ io pay the sums. secured by this Security Instrument shall continue ullclmllged. Upon reinstall:mclIl hy <br />Rorrower. Ihb Sccuril)' Instrument and the obligalions secured hereby shall remain fully cl1i.,t'livc as if 110 acceknllioll had <br />(~X'ur n:d. lIuwc\'cr, this right to reill">tate ,,>hallnot apply in I he case of accelcration undcr paragraphs I J or 17. <br /> <br />i <br />! <br />