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<br />~ca- 102811 <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 reauirement for the <br />lDsurance term~.t~ in accordance with Borrower's and Lender's written agreement or applicable law, <br />8;. I.JIICtioL. Lender or its agent may make reasonable entries upon ami inspections of the Property. Lender <br />shall give'Boffow€tooticcat the time of or prior to an inspection specifying reasonable cause for the inspection, <br />9. Condelllllation. The proceeds of any award or claim for damages, direcl 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 takinS, 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 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 of such payments, <br />10. Borro"er Not Releued; Forbearance By Lender Not. Wajyer. 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 mall not operate to release the liability of the original Borrower or Borrower's successof1i in interest, <br />Lender shall not be required to commence proceedings agamst any successor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by lhis Security Instrument by reason of any demand made <br />by thl: original Borrower or Borrower's successof1i in interest, Any forbearance by Lender in exercising any righl or remedy <br />shall not be a \niver of or preclude the exercise of any right or remedy, <br />II, ~ ud Aulpt Bouad; Joint and Scural liability; Co-slgners. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successof1i and assigns of Lender and Borrower, subject to the proviSIons <br />of parasraph 17, Borrower's covenants and agreements shall be joint and !>C,'era!, Any Borrower who co-slgns thiS Security <br />Instrument but does not execute the NOle: (a) is co.signing this Security Inslrument only to mortgage. grant and convey <br />lhat Borrower's interesl in the Property under the terms of this Security Instrument; (b) is not pef1iOnally 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 wilh regard 10 lhe terms of thIS Security InstrUmenl or the Note wllhout <br />that Bor:rower's consent, <br />U. lAIeII CIIaraa. If the loan secured by this Security Instrument IS subject to a lall' which setS maxImum loan <br />charges, and that law it finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the pemuued limits. Ihen: (s) any such loan charge shall be reduced b)' 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 reducmg the pnncipal owed <br />under the Note or by making a direct payment to Borrower, If a refund reduces pnnclpal, the reducllon will be treated as a <br />partial prepayment without any prepayment charge under the Note, <br />13. Lqislatioa AtrediDI Leader's Rlahta. If enactment or expIration of applicable Jaws has the efl'ect of <br />rendering any provision of the Note or thiS Secunty Instrument unenforceable according to its lerms. Lender, at its option, <br />may require immediate payment in full of all sums secured by thh Secunt)' Inslrument and may invoke any remedies <br />permitted by paragraph 19, If Lender exercises this option, Lender shall lake the sleps specified in the second paragraph of <br />paragraph 17, <br />14. Notices. Any notice to Borrower provided for 10 this Security Instrument shall be given by delivering it or by <br />mailing it by lif1it class mail unless applicable lall' reqUlre!o use of anolher method, The notice shall be directed to Ihe <br />Property Address or any other address Borrower designates by nonce to Lender Any nonce to Lender shall be given by <br />fint class mail to Lender's address stated herem or any other address Lender designates by notIce to Borrower, Any notice <br />provided for in this Securit.y Instrument shall be deemed to have been gIven to Borrower or Lender when given as provided <br />in this paragraph, <br />15. GoYet'llbll Law; Scnrablllt)'. ThIs Secunty Instrument shall be governed by federal law and the law of the <br />Jurisdiction in whie;h the Property IS located, In the event that any provISIon or clause of thIS Securit)' Instrumenl or the <br />Note conftiets wJlh applicable law, such cODftict shall not affect other proviSIOns of this Security Instrument or the Note <br />which can be given effect without the conllictlng provision, To thIS end the prOVIsions of this Secunty Instrumenl and the <br />Note are declared to be se'l'erable, <br />16. BonoWtt't Copy. Borrower shall be given one conformed copy of the Note and of this Secunty Instrument. <br />17. T.....rer of the Propeny or a Beneficlallnterest In Borrower. If all or any pan of Ihe Propeny 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 />penon) WJlhout Lender's prior wrillen consent. Lender may. at Jls option, reqlllre 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 b)' <br />federal law as of the date of this Secunty Instrument, <br />If Lender uercises this option. Lender shall gtve Borrower notice of acceleranon, The nohce shall provide a penod <br />of not less than 30 days from the date the nonce is delivered or mailed within whIch Borrower must pay all sums secured by <br />thiS Security Instrument. If Borrower fatls to pay these sums pnor to the explranon of this penod. Lender may mvoke any <br />remedies permilled by this Security Instrument wJlhout further nollce or demand on Borrower <br />II, &rnn.er'a RiPllO ReiJlState. If Borrower meets certam condiuons. Borrower shall have the nght to ha"e <br />enforcement of this Security InstrUment dlsconllnued at any time prior to the earlier of: (a) 5 days (or such other penod as <br />applicable Jaw ma)' specify for reinstatement) before sale of the Property pursuant to any power o{ sale contained 10 thIS <br />Security Instrument; or (b) entry of a Judgment enforCing this Secunty Instrument Those conditIon, are that Borrower: <br />(a) pays Lenjer all sums which then would be due under this Secunty Instrument and the Note had no acceleration <br />occurred; (bl cures any default of any other covenants or agreements; (c) pays all expenses mcurred 10 enforCing thiS <br />Secunt;' Instrumenl. mcludlng, but nOI limned to. reasonable allorneys' fees, and Cd) lakes such acllon as lender ma)' <br />reasonably requIre to usun that the hen of thIS Secunty Instrument, lender's nghl!i In the Property and Harrower', <br />obhption to pay the sums secured by thIS Secunty Instrument shall contmue unchanged Upon reln'talemenl by <br />Borrower. thIS SecUnly Instrument and the obllganons secured hereby shall remain fully effectIve as If no acceleration had <br /><'<:curred. Hmo'evcr. th.. nllhtto mnllate shall not apply In Ihe Caloe of accelerallon under paragraph, I.lnl 17 <br />