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<br />88- 102442 <br /> <br />u' Lender required mongage 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 eWect until such time as the requirement for the <br />insurance temlinates in accordance with Borrower's and Lender's wrillen agreement or applicable law. <br />8. Inspec:tion. Lender or its agent may make reasonable entries upon and inspections of the Propeny. 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 Propeny, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender, <br />In the event of a total laking of the Property, the proceeds shall be applied to the sums secured by this Se.;,,, .,)' <br />Instrument, whether or not then due, with any ext:ess paid to Borrower. [n the event ofa partial taking of the Propt" , <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 Propeny immediately before the taking, Any balanceshaIl be <br />paid to Borrower, <br />If the Propeny 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 Propenyor <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 1 and 2 or change the amount of such paymenlS. <br />10. Borrower Not Releued; Forbearance By Lender Not. Waiver. Extension of the time for payment or <br />modification of amonization of the sums secured b)' this Security Instrument granted b~' Lender to an~' 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 10 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 an~' demand made <br />by the original Borrower or Borrower's successors in interest, Any forbearance by Lender In exercismg any rit:.ht or remedy <br />shall not be a wlllver of or preclude the exercise of any right or remedy. <br />11. SUCc:ellOl'S and AlIi.... Bound; Joint and Several Liability; Co-signers. Tne co\'enants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and BorrolA'er. subject to the pro\lsions <br />of paragraph 17, Borrower's covenants and agreements shall be joint and several. Any Borrower who ro-signs this Securit~, <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to monga(!.t., grant and con,'~' <br />that Borrower's interest in the Propeny under the terms of this Security Instrument; (b) is not personall~' obligated topa~' <br />the sums secured by this Security Instrument; and (c) agrees that Lender and an~' other BorrolA'er may agree to c:uend. <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the NOle \\;thout <br />that Borrower's consent. <br />1::. Lou CIuIrJa. If the loan secured by this Securit~' Instrument is subject 10 a law whIch sets maximum 10llIl <br />charges. and thllt 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) lIny such loon charge shall be reduced by the aJD(!IUnI <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permilled limits will be refunded to Borrower, Lender may choose to make this refund b~' reducing the principal OlA'ed <br />under the Note or by making a direct payment to Borrower. If II refund reduces principal. the reduction will be noted as;II <br />partial prepa)'ment without any prepayment charge under the Note, <br />13. l.egillatlon Aft'ecting Lender's Rights. If enactment or expir:uion of applicable laws has the effect of <br />rendering any pro\'ision of the Note or this Security Inslrument unenforceable according to Its terms. Lender. at its oplion. <br />may require immediate payment in full of all sums secured by Ihis Secunty Instrument and may m\oke any remedies <br />permilled b)' paragraph 19. If Lender exercises this option. Lender shall take the steps specIfied in the second para(!.raplt of <br />paragraph 17, <br />14. Notices. Any notice to Borrower provided for in Ihls SI.'Curlty Instrument shall he 81\'1..'11 by dcll\'ering it aT b~' <br />mailing it by firS! class mail unless apphcable law requires use of anOlher method, The nOllce shall be directed to tbe <br />Property Address or any other address Borrower designates by nOllce to Lender Any nOllce 10 Lender shall be gi.'c:o by <br />first class mail to i.ender's address staled herein or any other address Lender designates by nollce to Borrower. Any' notice <br />provided for in this Security I nstrument shall be deemed to have been given 10 Borrower or Lender when gl\'en as pro.-ida! <br />in this paragraph. <br />IS. Go,emlng Law: Sevel'llhllity. This Security Instrument shall be go\'emed by federal law and the law of the <br />Jurisdiction in which the Property is located, In Ihe event thai any proVISion or c1at'se of Ihis Securit~. Instrument or the <br />Note conflicts wilh applicable law, such conflict shall not affect other proviSions of Ihis Security Instrumenl or the NOle <br />which can be given eWect without the conflicting provision, To this end the provisions of this Security Instrument and the <br />Note are declared to be sc:verable, <br />]6. Borrower's Copy. Borrower shall be given one conformed copy of the NOle and of thIS Secunty Instrument. <br />17. Tl'lUlSfer of tbe Property or a Benefidal Interest in Borrower. If all or any pan of the Propen~ or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower IS nOl a natural <br />person) without Lender's prior wrillen consent, Lender may, at its oplion. reqUIre immedlale payment In full of all sums <br />secured by this Security Instrument. However. this option shall not be exerCised hy Lender If exerCIse IS prohihlted h~ <br />federal Low as of the: date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower nolice of acceleratIOn. Thc nOlleI.' shall pnn-Ide a penod <br />of not less than 30 days from the date the notice is delivered or mailed withlll which Borrower must pay all sums SI."Curcd h~ <br />this Securily Instrument. If Borrower falls 10 pa~' thL'Se sums prior to the expiration of thiS period, Lender may l11\'olo;e an~' <br />remedies permitted by thIS Security Instrumenl wllhout funher notice or demand on Borrower. <br />18. Borrower's RllI:ht to Reinstate. If Borrower meets cenain C".T1dUlOnS, Borrower shall havc the rI!!ht 1<' havc <br />enforcemem oflhls Security InSlrument discontinued at any lime prior to the earher of (0) ~ clays (or such other penod as <br />applicable law may specify for relllstatemenl) before sale of the Property pursuarll 10 any POWCI' of sai<- conlalnt-d In II1Is <br />Security Instrumelll, or (h) cnlry ofuJudgmcnt enforcmg IhlS Securll)' Instrument Thosc condull'ns arc Ihal Rnrrower <br />(a) pays Lender all sums which lhen would he due under this Secuflty Instrumenl and Ihc Nnlc hlld no acCcleTlIl1<ln <br />occurre:d; (b) cures any deflluh of any othe:r covenants or agreemcnts; Ie) pays all c~penscs Incurred III ('nf"I'<'Ill!! Itlls <br />Securlly Inslrume:nl, mcJUdllll!, bUI not hmlled 10, reusonablc allomeys' fces, IInd (dllalo;es sllch IIcIIO" as I t'"dcr ma~ <br />reasonably reqUire: 10 assure thllt the hen of lius Security Instrumen\, Lcnder', r1!!hts In lht' I'rnpen~ and IInnnwt'I" <br />dbh/Ulllon to pay Ihe "urns sccure~ hy IhlS Security Instrument shall continue lI"Chlll1gcd t'pnn n"n,la1<'l11t'nl ,,, <br />lk.rrowcr, III" Se:t'UrllY Instrument and the ohhgatlons secured hcrch~ ,halll'e:mlllll rully elTel' I 11 (' as Ii nOllt'<'(.lel :If..", had <br />nccllrr~d Ho....ever, IhlS right tn re:IllSlale shllll nOlap!,ly 111 the <.:a'r (If il<'t:d<."" I I"', IllHkr pa''''''''l'h, J ; '" I ~ <br /> <br />I <br /> <br />J <br />