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<br />t, i", , ~. ' .' <br /> <br />88- 103747 <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 requirement for the <br />insurance terminates in accordance with Borrower's and Lender's \yritten agreement or applicable law. <br />8. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the time of or prio~ to an insPection specifying reasonable cause for the inspection. <br />9. Condemnadon. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other laking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />I\ssigned and shall be paid to Lender. <br />In the event. of a total taking of the Property, the proceeds shall bc applied to the sums secured by this Security <br />Instrument, whether or not then due. with any excess paid to Borrower, In the event ora 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 SUIll$ secured immediatcly <br />before the talc.ing, divided by (b) thc fair market valuc of the Property immediatcly 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 restontion or rcpair of the Property 01' <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unless Lendcr and Borrower otherwise agree in wming, 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, Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Sccurity Instrument, granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrewer or Borrower's successors in intcrest <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 this Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance b)' Lender in exercising an}' right or remedy <br />shall not bea waiver of or preclude Ihe exercise of any righl or rcmedy. <br />11. Successors and AuillDl Bound; Joillt and Several UabilitYi Co-sipers. The covenants and agreements of <br />this Security Instrument shall bind and benditthe successors and assigns ofLcnder 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 bUI does not execute Ihe Note; (a) is co-signing this Security Instrument only to mortgage., gnnt and convey <br />that Borrower's interesl in Ihe Property under the terms Oflhis Security Instrument: (b) is nOI personally obligated to pa)' <br />the 5Ums secured by this Security Instrumenl; and (c) agreo thai Lender and any other Borrewer may agr<< to extend, <br />modify, forbear or make any accommodations with regard to the lerms of this Securit). Instrument or the Note without <br />that Borrower's conllCflt. <br />12. Loan Charaes. If Ihe IOBn secured by Ihls Secunly Inslrument IS subJCCtto a law which sets maximum loan <br />charges, and lhat law is finally interpreted so Ihat Ihe interest or other loan charges collected or to be collecled in <br />conneclion with Ihe loan exceed Ihe permmed Iimiti, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permiUed limit; and (b) any sums already collecled from Borrower which exceeded <br />permitted Iimils will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by making a direct payment 10 BOrrower. If a refund reduces principal, the reduclion will be treated as a <br />partial prepayment withoul any prepayment charge under the Note. <br />13. Lqislation AfI'ecting under's Rightl. If enactment or expiration of applicable laws has Ihe effect of <br />rendering any provision of the NOle or this Security Instrument unenforceable according to Its terms. Lender. at its option, <br />may require immediate paymenl m full of all sums secured by lhis Security Inslrument and may invoke any remedies <br />permined by pangraph 19. If Lender exercises this opllon, Lendcr shllllllllce the steps specified in the second paragnph of <br />parasnph 17. <br />14. Notics, Any nOlice to Borrower proVIded for 1II1his Se~unt)' Inslrument ihall be gl\cn by deli\'ering il or b)' <br />mailing it by first class mail unless applicable law requires UliC of another method. The notice shall be directed to the <br />Property Address or any olher address Borrower designates by notice to Lender. Any notice to lender shall be given by <br />firsl class mail 10 Lender's address staled herein or any other address Lender designatcs by notice 10 Borrower Any notice <br />provided for in IhlS Security Instrument shall be decmed 10 ha\'c becn gi\'e1l 10 Berrow!:r or Lender when gIven as provided <br />in thisparagnph. <br />IS. GoYenling Law; Se.erabilil)'. ThiS Security Inslrument shall be governed by federal law and Ihc law of Ihe <br />jurisdiction in which Ihe Property is located. In Ihe e\'cntthal all)' prOVISion or clause: of this Security Instrument or the <br />Note conDicts with applicable law, such conDict shall nOI affecl other previsions of this Security Instrument or Ihe Notc <br />which can be given effecl without the conflictmg provision. To lhis cnd the preVIsions of this Security Instrument and the <br />Note are declared to be severable, <br />16. Borrowl!r'. Copy. Borrower shall be given olle conformed copy of the Note and of Ihis Security InSlrUmenl <br />17. Tranlfer or tbe Property or a Beneficiallnten.'5t in Borrower. If all or allY part of the Properly or any <br />interest in it is sold or transferred (or if a benefiCial illleresl in Borrower IS sold or IransferrL-d and Borrewcr IS n01 a natural <br />person) without Lender's prior wriuen consent, Lender may, al 115 opllon. requm: IlIlll1ediale payment In full of all sums <br />secured by this Security Instrument. However, thIS opllon shall nOI be excrcised b)' Lcnder if exercise IS prohiblled b)' <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrowcr notice of acceler.uion Thc notlcc shall provide a period <br />of not Ie" than 30 days from the date the notice is delivered 0' mailed wilhln which Dorro....'CI' 1Il1l'1 pay all sums ~ecured by <br />this Security Instrumenl. If Borrowcr fails to pay these sums prior to the cxpirlltion of thl~ penod, Lcnder may in\'oke :my' <br />remedies permilted by this Security Instrument without further nOlice or demand on Borrower. <br />18. Borrower'. Rlaht to Reinstate. If Borrower meets certain conditions, BorrO\\"cr ,hall have Ihe right to ha'e <br />en(on:cmenl ofthis Security Instrument disconlinued at any lime prior to the earlier of (a) 3 cla)'s (or such ,'I her pennJ '" <br />applicable law may specify for reinstatement) before sale of Ihe Properly pursuaol 10 an)' power of sale conlalll,-d III llm <br />Security Instrument; or (Il) entry of a judgment enforcing Ihis Security Instrumenl Those conditions :tre Ihal Burrower <br />(a) pays Lender all sums which then would be due under this Security Inslrument and Ihe NOll' had nn ;Jcl'cktallon <br />o<<urred; (b) cures any defaull of allY other covenanb or agreements; (c) pays,_U cllpenscs II1curr,,,j III cnfmclIlll lhls <br />Security Instrument, including, but nOl limited to, rcalKlllable allol'l1e~s'fc;es; .",d (d) t~kCll su~h aClic'n a' LrnJ," illS) <br />rcuonably require 10 anure Ihat the lien of this Security Imtrurnent,f.ender:s:righl-sln th,e Pn1peny and 11"1,,,.....,.,.., <br />obliptlon 10 pay Ihe sums IoCcured by this Sc<:urit). In~trurnent:'Iib"'I~ntinUC unehanaed, UllOn rCIll\talCllll'lIl hl <br />Borrower. lhlS Security Instrumenlllnd lhe obligations secured hereby shall remalll rull) cffectl"c II' II' IIIl il,','cl""'lInn had <br />occurred. Uowever, Ihis rightlO reinstate shall nol apply In 1he case of acceleratIon under I'lImllrll["I\ I \ ", 17 <br />