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88-' 143218 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the, pretmitnns, required to maintain the insurance in effect until such time as the requitement for the insurance terminates in accordance. with Borrower's and Lender's written agreement or applicable law. t• l�etion. "Laidef or: its agent may snake reasonable entries upon and inspections of the Property. Lender shall give Borrower notice it.tbe time of or prior to an inspection specifying reasonable cause for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby ssaipod and shall be paid to Lender. In the event of a tots) taking of the Property, the proceeds shall be applied to the sutras secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the takin& divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lander and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forliearamx By Linder Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's succawm in interest. Lander &ball not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the oripnal Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 11. Soecanos sed Assign Baau>l; Joint and Severn Liability; Co.siper& The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who this Security Instrument but don not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify. forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. IL Loss Cflarlps. If the ban secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the intent or other loan charges collected or to be collected in connection with the loam exceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be nAtr ded to Borrower. Lander may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. U a refund reduces principal. the reduction will be treated ass partial prepayment without any prepayment charge under the Note. 13. Leglslpion AAoed" Lender's Ryrts. If enactment or expiration of applicable laws has the drat or rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option. may require immediate payment in full of all sums secured by this Security instrument and may invoke any remedies permitted by paragraph 19. If Lender exercises this option. Lander shall take the steps specified in the second paragraph of paragraph 17. 14. Notion. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severa6tBty. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note wbich can be gram effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. I& Borrower's QMpy Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Tratufar of the Pttgetty or a Hese6eial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Larder's prior written consent, Lender may, at its option, require immediate payment in full or all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of thedate of this Security Imtrumnent. If Leader exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lander may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1g. Borrower's Rlglt to Rdttst•te. If Borrower maxi certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at anytime prior to the earlier of- (a) 5 days (or such other period as Applicable law may specify for reinstatement) before sale of the Property pursuant to any power of We contained in this Security Instrument; or (b) entry of a judgment enforcing thin Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fen; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraphs 13 or 17.