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<br />a~-- <br /> <br />10:3303 <br /> <br />If lender required mongage insurance as a condition of making the loan secured by this Security Inslrument, <br />Borrower shall pay the premiumi required to maintain the insurance in effecl until such time as the requirement for the <br />insurance terminales in accordance with'Borrower's and Lender's wrinen agreement or applicable law. <br />8. lns,ectiOD. lender or its agent may make reasonable enlries upon and inspections of the Property. Lender <br />shall give Borrower notice atlhe 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 />an, condemnation or OIher taking of any part of the ProperlY. 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 Ihe propeny, the proceed" ,;'.l!J '<e applied to the sums secured by this Security <br />Instrument, whether or not then due. wilh any excess paid to BOli,'" tl'. In Ihe event ofa partial laking 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 :he following fraction: (a) the total amount of the sum.s secured immediately <br />before the taking, divided by (b) the fair market value of the Propeny 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 :ondemnor 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 reslOration or repair of the Property or <br />to the sums secured by lhis 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 dale of the monlhly payments referred to in paragraphs I and 2 or change lhe amounl of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amonizalion of the sums secured by this Securily Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of lhe 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 amonization 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 nOI be a waiver of or preclude lhe exercise of any right or remedy. <br />11. Succe&ors and AssillDl 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 agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execule the Note: (a) is co.signing this Security Instrumenl only to mongage, grant and convey <br />that Borrower's interest in the Property under Ihe terms of this Security Instrument; (b) is nol 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 10 the terms of Ihis Security Instrument or the Note without <br />Ihat Borrower's consent. <br />12. Loan OIarges. If the Joan secured by this Securily Instrument is subject 10 a law which sets maximum Joan <br />charges, and that law is finally interpreted so Ihat the interest or other loan charges collecled or 10 be collecled in <br />conneclion with the loan exceed the permilted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permilted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted Iimils will be refunded 10 Borrower. lender may choose to make this refund by reducing the principal owed <br />under the Note or by making II direct paymenlto 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 Ihe Note or this Security Instrument unenforceable according to ilS terms. Lender. al 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 lake the steps specified in Ihe second paragraph of <br />paragraph 17, <br />14. Notices. Any notice 10 Borrower provided for in this Security Instrumenl 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 direcled 10 the <br />Propeny 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. GovemiDg LaW; Sevenbility. This Security Instrument shall be governed by federal law and Ihe law oflhe <br />jurisdiction in which the Property is located. In the evenl that any provision or clause of this Security Inslrument or the <br />Note conflicts with applicable law. such conftict shall not affect other provisions of Ihis Security Instrument or the Note <br />which can be given effecl without the conflicling provision. To this end the provisions of Ibis Securily Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be gi,'en one conformed copy oflhe Note and oflhis Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Propeny or any <br />inleresl in it is sold or transferred (or if a beneficial inlerest in Borrower is sold or lransferred and Borrower is nOI a natural <br />person) without Lender's prior written consenl. lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall nOl be exercised by Lender if exercise is prohihited by <br />federal Law as ofthe date ofthis Security Instrument. <br />If Lender CJlerciscs this option. Lender shall give Borrower nOlice of acceleration. The notice sball provide a period <br />of not less than 30 days from tbe date the noh<;<: is delivered or mailed WIthin which Borrower musl pay all sums secured by <br />~ Security Instrument. H Borrower fails 10 pay these sums pnor 10 the expiration of Ihis period. Lender may lIl\'oke any <br />=edies pennitted by this Security Instrument without funher notice or demand on Borrower. <br />18. Borrower'. RI&Irt 10 Rcillltlltc.. If Borrower ma:ts ecrUin conditions. Borrower shall have Ihe nght 10 ha"e <br />enforcement ohhis Security Instrument discontinued at any time prior 10 the earlier of: (a) 5 days (or such other penod as <br />applicable law may specify' for reinstatement) before sale of the Propen~' punuanl 10 any power of ",Ie contamcd in lhlS <br />Securit). Inslrument; or (b) enlry ofajudgment enforcing this Security Instrument Tho", conduions arc: that Borrm.'er: <br />(al pa)'S Lender all sums which then would be due under this Security Inslrumenl and the NOle had no accelerallon <br />occurred; fb) cures any defaull of any other covenants or agreements; (c) pays all expens~." IDcurred in enforCing I hIS <br />Securil)l Inslrumenl. indudin~. but not hmited to. reasonable allomey,,' fee!o; and 4d) lakes such acllon as Lender ma) <br />rc:alIoOII&bly require to assure thattbe lien of this Security' Instrument. Lender's nghls In rhe Property and Il",,,,"cr's <br />obhption 10 pay tbe surns ~ed by this Security Instrument shall continue unchanged L'pnn relDs(alcmcnl h~ <br />Borro..er, Ibts S<<unt). Instnnnerll and Ihe ohhgatlOm """ured hereby .hall rerT13ln fully eff.:..tJ'c;l' If no ac,'clcr:ttJon h:td <br />ocrurred. HO\loO\e1. thl' nllt-! to rem'''II~ shall nOl apply 10 Ihe C3'" nf accelcrauon under paragraphs l' ,'r l' <br />