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<br />\ <br /> <br />88-103325 <br /> <br />" If,kqd~r r~\Ii{c:4,.mortPie insurance as a condition of making the loan secured by this Security Instrument, <br />~~~ersban:pay tbe:pmniums ;rcquired to maintain the insurance in eft'ect until such time as the requirement for the <br />illsu~ terminatci inii:cOnlancei with Borrower's and Lender's written agreement or applicable law. <br />e . ~i'" ~~' .l.endef'or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shatI'pveUOrrower notlceat11ie'time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CoadeDuuldon. 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 Property, or for conveyance in lieu of condemnation. are hereby <br />assigned and shall be {':lid to Lender. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by tbis Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partia1 taking of the Property. <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument sb3Il be reduced by <br />the amount of the proceeds multiplied by the following fraction: (8) the total amount of the sums secured irr..mcdialely <br />before the takinJ, divided by (b) the fair market value of the Property immediately before the takiQg. 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 oII'ers to <br />make an award OJ' settle 8 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 sba1l not extend or <br />postpone the due date or the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Bamnter Not g,1 rill: ForbearllDCe By Lender Not a Walyer. Extension of the time for payment or <br />modifieation of amortization of the sums secured by this Security Instrument granted by Lender 10 any SUCCCSIOI' in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in inteftIL <br />Lender sba1l not be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwile modify amortization of the sums secured by this Security Instrument by reason of any demand made <br />by the oripDal Borrower or Borrower'lluCCCIIOn in interest. Any forbearance by Lender in exercising any right or remedy <br />sba1l not be a waiver of or preclude the exen:ile of any right or remedy. <br />U. SaeeeR" ad AIIIpI Boad; JoIIIt ad SeftraI UabI1Itr. CcMtpen. The covenants and apumcnts of <br />this Security Instrument sba1l bind and benefit the Iwxeuon and assigns of Lender and Borrower. subject to the provisioas <br />of parqraph 17. Borrower's covenants and qreements shall bejoint and several. Any Borrower who c:o-signs this Security <br />Instrument but does not execute the Note: (a) is co-sianing this Security Instrument only to mongqe, pant and convey <br />that Borrower'1 interest in the Property under the tenns of this Security Instrument; (b) is not personally oblipted to pay <br />tbe sums secured by this So:urity Instrument; and (c) agrees that Lender and any other Borrower may qree to atatd. <br />1IICIdiIY. fortlear or make any accommodations with reprd to the tenns of this Security Instrument or the NQ[C without <br />tbat Borrowcr'I CCIIIICDt. <br />12. .... CIIarIa If the loan secured by this So:urity Instrument is subject to a law which sets muimum loan <br />charps, and tbat law it llnalIy interpreted 10 that the inlClat or other loan cIwps collected or to be coIJeculd in <br />COIIn<<'ion with the loan a.c:ced the permitted Iimita, then: (a) any such loan charJe shan be reduced by the amount <br />neceIUJ}' 10 reduce the charF 10 the permitted limit; and (b) any sums already colJected from Borrower wbicb caceeded <br />permitted limits will be refunded to Borrower. Lender may cboole to make this refund by reducin& the principal owed <br />under the NQ[C or by makin& a direct payment to Borrower. If a refund redUCCI principal, the redw:tioD will be treated as a <br />partial prepayment without any prepayment cIwJe under the Note. <br />U. 1.......... AtrectIq u.der'I RJPta. If cnactmeDt or expiration 01 applicable laws has the elf'cct 01 <br />renderinl any provision of the Note or this Security Instrument unenforceable accordilltl to its terms, Lender. at its opIioa. <br />may require immediate payment in full c:I aU awns secured by this Security Instrument and may invoke any ~ <br />permitted by parqraph 19. If Lender exercises this option. Lender shall take the steps specified in the second parqraph 01 <br />parqraph J7. <br />14. NadaL Any notice to Borrower provided for in this Security Instrument shall be gi\ICII by ddiveriD& it or by <br />mailin. it by 8nt class mail unless applicable law requires use of another method. The notice shall be dira:ted to .he <br />Property Address or any other address Borrower desiJnates by notice to Lender. Any notice 10 Lender shall be p- by <br />lint cIaI& mail 10 Lender's addreu stated berein or any otber Iddrc:ss Lender designates by notice to Bonvwer. ADY ftOCicc <br />provided for in thil Security Instrument shall be deemed to have been given to Borrower or Lender wherl gi\ICII as pIO\Iided <br />in this parqraph. <br />11. GcmnbtI Law; SnerabJIity. This Security Instrument shan be governed by federalllw and .he law of the <br />jurildiction in whicb the Property is located. In the event that any provision or c1IUse of this Security Instrument or .he <br />Note conJIicts with applicable law, such conflict shall not alI'ect otber provilions of this Security Insuument or the Note <br />which can be p\ICII efl'ect without the confticting provision. To this end the provisions ofthi!l Security Instrument and the <br />Note are dcc1arcd to be severable, <br />16. ... .6~'" Cap,. Borrower lhall be given one conformed copy of the Note and of this Security Instrument. <br />17. T.--fer of die Proprty or a Beeefit:Ialllllterelt la Borrower. If all or any pan of the Property or any <br />interest in it it sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not. natural <br />penon) without Lender's prior written CODsent, Lender may, ill its option, require immediate payment in full or 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 . of the date of this Security Instrument. <br />If Lender aerc:iIeI this option. Lender shall give Borrower notice of acceleration, The notice shall provide a period <br />cI not leis than 30 days from the date the notice is delivered or mailed within which Borrower must pay all ~ums secured by <br />this So:urity lI..rument. If Borrower fails to pay these sums prior to the upiration of this period, Lender mlY invoke any <br />remedies permitted by tbit Security Instrument without funher notice or demand on Borrower, <br />tL ......... ..... to Rel8Itale. If Borrower meetl certain conditions, Borrower shall hive lhe rilhl to have <br />enforcement of'this Security Instrument dilCORtinuedat any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Propeny pURuant to any power of sale contained in th" <br />Security Instrument; or (b) entry of a judgment enfan:ing this Security Instrument. Those conditions are that Borrower; <br />ea) pay. Lender allluml which then would be due under this Security Instrument and the Note had no acceleration <br />oc:curred; (b) cures any default of any other covenants or qreements; (c) pays III elLpeRlCIo mcurrcclm cnforcinllthls <br />Security Instrument. including, but nOI limited 10, reasonable attorneys' fees; and Cd) takes such action as lender may <br />reasonably require to allure that the lien of this Security Instrument, lender', "lhlS in the Proret1y and Borrower's <br />obliption to pay the sum. secured by thiS Security Instrument shall continue unchanled Upon rein"alemenl b)' <br />Borrower, this Security Instrument and the obllptions secured hereby shall remlm fully elfectl\'e as ifno acceleration had <br />occurred. However. this right to reinstate shall not apply in the cue of Iccelerlllon under parll8raph~ 13 or 17 <br />