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<br />I <br /> <br />88- l' <br />~102120 <br /> <br />-' <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 />I ~. 8... Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property, Lender <br />.. shalfgiV€Bbi1'owe'litoiiee 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 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 secured by this Security Instrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds 10 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; Forbearance By Lender Not a Waiver. Extension of the time for 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 5hall 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 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 />II. Successors and Assigns Bound; Jo!nt 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 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 interest in the Property under the terms ofIhis 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 />lZ. 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 interprct~ so that the interest or other loan charges collected or to be collected in <br />connection witb the loan exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amollnt <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected flam 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 NOIe. <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 pro\;ded 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 a.'y 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 gi\'en as provided <br />in this paragraph. <br />15. Goyemiag Law; Se"erability. 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 witb applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effcct without the conflicting provision, To this end the provisions of this Security Instrument and the <br />Note are declared to be se\'crable. <br />16. Borrower's Copy. Borrower shall be gh'en one conformed copy of the Note and of this Security Instrument. <br />17. Trusfer of the Property or a BenefitiaI Interest in Borrower, If all 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 />person) 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 exercised by Lender if exercise is prohibited by <br />federal law as ofthe date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not !ess than 30 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 period. Lender may invoke any <br />remedies permitted by this S<<urity Instrument without further notice or demand on Borrower. <br />18. Borrower's RiPt 10 ReillState. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to 'he earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property ilursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security ~nstrument. Those conditions arc that Borrower: <br />. (3) pays Lender all Sums which then would be due under this Security Instrument and the Note had 110 acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, 1>ut not limited to, reasonable attorneys' fees; and (d) takes such action 3!. Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in Ihe Property and Borrowcr's <br />obligation to pay the sums f>CCurcd by this Security Instrument shall continue unchanged. Upon reinstatcmenl hy <br />Borrower, this Securit), Instrument and the obligations ~ured hereb)' shall remain full)' effective a!'. if no accelerallon had <br />occurrrd. BOtA'ever, thi\ right to rein~tl:lte shall not apply in the case of acceleration under paragraph!. I J or 17. <br />