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<br />ss.... 103224 <br /> <br />If Lender required mongage insurance as a condition of making the loan secured by this Security Instrument. <br />Borrower shal! 'J'!I!Y::~~-'I'remiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance'ter'iriini\t~iA:,~rdartce with Borrower's and Lender's written agreement or applicable law. <br />',8,'J~,I~ 'Lender 'or its agent may make reuonable entries upon and inspections of the Propeny. Lender <br />shall give BortoWefiiliticfra't'tlie time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or clainl for damages, direct or consequential, in connection with <br />any condemnation or other taking of any pan of the Propeny, or for conveyance in lieu of condemnation. tie hereby <br />assigned and !baI1 be paid to Lender, <br />In the event of a totlll taking of the Propeny, 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 Instruinent sball be reduced by <br />the amount of the proceeds multiplied by the following fnu:tion: <a) the total amount of the sums secured immediately <br />~ore 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 Propeny is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofl'ers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lendcr 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 Propeny or <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unless l.ender and Borrower otherwise agree in writing, any application of proceeds to principal sball 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. IIon'Ower Not R.laaed; Forbearaact By Lender Not a Waiver. Extension of the time for payment or <br />modification of amonization of the sums secured by this Security Instrument granted by Lender to any sua:essor in <br />intenst 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 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 sua:essors 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 />n. Succeaon II1II Aafpa Bouad; Jolnllllll s...ral LlabiUty; CooalllDen. 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 paragral>h 17. Borrower's covenants and agreements shall be joint and sevcral. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mongage, 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 to the terms of this Security Instrument or the Note without <br />that Borrower', COI1IeJ\t. <br />11 Lou CbrpI. If the loan secured by this Security Instrument is subject to a law which sets mujmum loan <br />chUJIes, md that law is finally interpreted so that the ;dtenst or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits. then: (a) any such loan charge sball be reduced by the amount <br />necessary to reduce the charae to tbe permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits wiJI be refunded to Borrower. Lender may choose to make this refund by reducing the principal OIWed <br />under the Note or by mWlII a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a <br />panial prepayment without any prepayment charae under the Note:. <br />13. LtaIaIatioa Medina Leader'1 RI...... 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 plyment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragrapb 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument 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 directed to 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 berein 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 plragrlph, <br />15. GoYtraIq lAW; SeYerablllty. This Security Instrument shall be governed by federal law and the Jaw ofthc <br />jurisdiction in which the Propeny is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law. such conflict shall not alf'ect other provisions of this Security Instrument or the Note <br />which can be given efl'ect without the conflicting provision, To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower'l Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument, <br />17. Trauter of tbe Property or a BeneftdaJ Interat In Borrower. If all or any pan of the Propeny or any <br />intenst in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not 8 natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be ellercised by Lender if ellercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the ellpiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without funher notice or demand on Borrower, <br />II. Bomnter'I Rip! to Relutatt. If Borrower meets certain conditions. Borrower shall hive the rilht to have <br />enforcement of this Security Instrument discontinued I' any time prior te. the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before IIle of the Property pursuant to any power of sale contained in this <br />Securitlllnstrument; or (b) entry of a judgment enforcinl this Security Instrument, Those .:onditionr, arc: that Borrower: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or ..reements; (c) pl1Ys all ellpenses incurred in enforcinl this <br />Security Instrument. includinl. but not limited to. reasonable attorneys' fees; and (d) takes such action as Lender may <br />reaonably require 10 assure that the lien of this Security Instrumtnt, Lender's rights in the Propeny and Borrower's <br />obliption to pay the sums secured by this Secutlty Instrument shall continue unchanled, Upon reinstalement by <br />Borrower, this Securily Instrument and Ihe obliptions secured hereby shall remain fully dl'ectlve as if no acceleration had <br />occurred, However, Ihis ripl to reinstate shall not apply in the c:ase of acceleralion under paragraphs 13 or 17 <br />