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<br />88- 102629 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the preiniuql~required to maintain the insurance in effect until such time as the requirement for the <br />insurance terminatesjn accordlulce:withBorrower's and Lender's wrillen agreement or applicable law. <br />8, Inspection. Lenderor)tsagent,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 cond~mnation 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 I'mount of the proceeds multiplied by the following fractioll: (a) the total amounf of the sums, secured immedi"tely <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shall be <br />paid 10 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 restoralion 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 ofthe monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10, Borrower Not Released; I'orbearanee By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrumenl granted by Lender 10 any successor in <br />interesl of Borrower shall not operate to release the liability of Ihe 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 Ihis Securily 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 />11. 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 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 Nole: (a) is co-signing Ihis Security Inslrument onl)' 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 10 the terms of this Securify Instrument or the Note ",.jthout <br />Ihat Borrower's consent. <br />12. 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 interpreled so thaI the interest or other Joan charges collected or 10 be collected in <br />connection with the loan exceed the permitted limits. then: (a) any such Joan charge shall 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 10 make this refund by reducing the principal owed <br />under the Note or by making a direct paymenllo 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 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 ma~' invoke any remedies <br />permitted by paragraph 19, If Lender exercises this option, Lender shall take the steps specified in I he second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by dell\'ering it or by <br />mailing it by firsl class mail unless applicable law requires use of another method, The notice shall be directed 10 the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be gi\'en by <br />first class mail to Lender's address staled 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 />m Ihis paragraph. <br />IS. Governing Law; Severability. This Secunty Instrument shall be gO\emed by federal law and lhe law of the <br />jurisdiction in which the Property is located, In the event that any provision or clause of lhis Security Instrument or the <br />Note conflicts with applicable law, such conflict shaH not affect other provisions of this Security Instrument or the Note <br />which can be given effect wilhout the conflicting prO\'lslon, To this end the provisions of this Security Instrumenl and the <br />Note are declared to be severable, <br />16. Borrower's Copy. Borrower shall be g1\'en one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the ProperlY or any <br />mterest in il is sold 01 Iransferred (or if a beneficial interest m Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior wrinen consent, Lender may, at ils optIOn, require immediate payment in full of all sums <br />secured b)' Ihis Securlly Instrument. However, this option shall nol be CAel cised hy Lender if cverc"e " pnlhlhited hy <br />federal law as of the date ofthisSecuritv Instrument. <br />If Lender exercises Ihis option. Lender shall give Borrower notice of accelerallon. The nOllce shall pro\'ide a period <br />of no I less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums sl....'ured by <br />Ihis Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may 1I1voke any <br />remedies permitted by this Security Instrument ",;thoul further notice or demand on Borrower, <br />18. Borrower's Righi to Reinstate. If Borrower meets certain condillons, Borrower shall have Ihe right 1<' have <br />enforcement of thIs Security Instrument discontinued at any time prior to the earher of: (a) 5 days (or su~h IHher period as <br />applicable law may specify' for reinslatement) before sale of the Property pursuant to any power of ..ale l'nlltamed in tillS <br />Security Instrument; or (b) entry of a judgment enforcmg thIS Sl"CUliIY ImtrUn1l'nl Those "Ulldmnns arc th,,1 Horrnwer <br />fa) pays Lender all sums which then would be due under thIS Security Instmment .lI1d the '-Jn1c had no :ll'ceJeratHlII <br />occurred; (b) cures any default of any other cosenants or agreements, (c) pays all evpe,,,e, lIlcurred In el'rl1rl'mg lh" <br />Sc:cunty Instrument. lllcludllllt. but nOl limllcd to. reasonable al1omeys' fees, and (,II la~<" sudl actHlTI 'IS 1 ende, may <br />reasonably reqUIre In assure that the hen of Ih" Security Inslrumen1. Lende,', r1~ht, III Ihl' Phlperl) and n"""",,,', <br />nbhgatwn to pil~ tht ~um~ ~e,,'urcd by lhl'!l. Sccunly In~trumcnt ,hall L'tJf1IHHIt" 111ll h~ll1g{~d l p\lll Tt"IIl...\all'lllcnl b~ <br />Borrov.cr. lht, s....cunt~ In""trunlcnl and 1he ohhgatlon... ~c....urcd hefeh~ ...ha1l ['CIIl:lltl fill" dlc~ 11\ 1.." .t, II III \ .h._.. del ,111111\ hai.1 <br />Ilo:.'urrcd Hp,,-(""\(,'f. !hl'" nght to rCIn\tatc '!t.hall nc" arrl~ In lhe Ull.,t" nf ~h.:c~kra1l1111 lInder p,lr;lff;lph.. ! i ,q I ~ <br />