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<br />88- 103858 <br /> <br />If Lender required rnortpae insurance IS I condition of making the loan secured by this Security Instrument, <br />Borrower sha1I pay,tbc premiUDll_required to maintain the insurance in etl'ect until such time IS the requirement for the <br />insurancetenninate5 in actorclanCewithBorrower's and Lender's written agreement or applicable law. <br />I, IJllllldloe. Lendefor ill qent may make reasonable entries upon and inspections of the Property. Lender <br />shall give; Borrower norice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CoIldt....lldcNl, The proceeda of any award or claim for damages, direct or consequenrill, 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 />assiped and sha1I be paid to Lender. <br />In the event of I total_ taking of the Property, the proceeds shill be applied to the sums secured by this Security <br />:nsuument, whether or not then due, with any ellCell paid to Borrower. In the event of a partial taking of the Property. <br />unJeu Borrower and Lender otherwise qree 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 taIdn.. divided by (b) the fair market value of the ProperlY immediately before the taking. Any bailance shall be <br />paid to Bonower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thlt the condemnor ofI'ers to <br />make an award or settle a claim for damages, Borrower flils to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, It its option, either 10 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 aaree 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. Borrower Not Releaed; Forbeuaaee By lender Not a Walwer. Extension of the time for payment or <br />modification of amortization of the SUIDI secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate 10 release the liability of the original Borrower or Borrower's successors in interest. <br />Lender sha1I not be required to commenu proceedings against any successor in interesl or refuse 10 extend lime for <br />payment or otherwise modify amonizarion of the SUIDI secured by this Security Instrument by reason of any demand made <br />by the oriainal Borrower or Borrower's succ:ellOn in in_t, Any forbearance by Lender in exercising any right or remedy <br />sha1I not be I waiver of or preclude the exercise of any right or remedy, <br />11. S- ad AIaipI Boad; Jolat ad Sewenl UaltWty; CcMIpen. The covenlnts and agreements of <br />this Security Instrument shall bind and benefit Ihe succeuon and assigns of Lender and Borrower. subject to the provisions <br />ofr-araaraph 17. Borrower's covenants and qrecments shall be joint and several, Any Borrower who co-signs this Securily <br />Instrument but does not ellecute the Nole: (a) is CCHigninglhis Security Instrument only 10 mllnpge, grant and convey <br />thaI Borrower's in_t in the Property under the tenus of this Security Instrumenl; (b) is nol penonllly oblipled to pay <br />the SUJl'aS secured by this Security Instrument; and (cragrees that Lender and any other Borrower may agree 10 eJltend, <br />modify, fortJear or make any lICCOIIUIlodations wilh rqard to the tenns of this Security Instrumenl or the Note withoul <br />that Borrower's CODsetIt. <br />11. ~ CIIIIrIIa If the 10lIl IIClC\Ired by tbia Security Instrument is subject to a law which sets maximum loan <br />charaa, and that law is linaUy intcrp:cted 10 that the in_t or other loan chlfICI collected or to be collected in <br />connec:tiOll with the loan exceed the pmnitted limits, then: <II) any such loan charge shall be reduced by the amount <br />neceuary to reduce the charp to the pmnitted limit; and (b) any SUIDI already collected from Borrower whi~h exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by makin.a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as I <br />partial prepayment without any prepayment charae under the Note. <br />13, ._oI_*Io-..ur.tIq Leeder'. RIP'" If enactment or expiration of applicable laws has ,the eft'ect of <br />renderin. any provision of the Note or this Security Instrument unenforceable according to its tenns, Lender, at its option, <br />may require immediale payment in full of all sum. secured by this Security Instrument and may invoke any remedies <br />pmnitted by parqraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />parqraph 17, <br />14. NotIcea. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailina: il by fint class mail unless applicable law requires use of anothpr method. The notice shall be directed to the <br />Property Address or any other address Borrower designateS by notice to Lender. Any notice to Lender shall be given by <br />first cIaa mall to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed 10 hive been given to Borrower or Lender when given as provided <br />in tbia parqraph. <br />15. GoYenWta Law; SeftraItlIl1y. This Security Instrumenl shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conllicts with applicable law, such conllict shall not dect other provisions of this Security Instrument or the Note <br />which t:an be given elt'ec:t without the confticting provision. To this end the provisions of this Security Instrument and the <br />Note II'l! declared to be severable. <br />16. Borrower'I c.o". Borrower shall be given one confonned copy of the Note and of this Security Instrument. <br />17. TnaaIer of tile Property or a IIeDefic:W laterest In Borrower. If all or any part of the Property or any <br />in\erell in it is IOld or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nOI a natural <br />penon) without Lender'. 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 nOl be exercised by Lender if exercise is prohibited by <br />fedcrallaw au of the date of this Security InstrumenL <br />If t.ender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />ofoot less than JOdays from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security IDltrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by tbia Security Instrument without further notice or demand on Borrower, <br />II. 1....0..... JUPt to RelM1ate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enfon:ement ohbia Security Instrument disconlinued at any time prior to Ihe earlier of: (I) S days (or such olher period as <br />applicab1e IIIw may specify for reinstalClllent) before sale of the Propeny punuant'lo any power of sale contained in Ihis <br />Security Instrument; 01' (b) entry of a judgment enforcilll this SecurilY Instrument, Those conditions are 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 mny dtber covenants or qreements; (c) pays all eJlpenses incurred in enforcms this <br />Security Instrument, includilll, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may <br />reaonably require to assure that the lien of Ihis Security Instrument, Lender's rishts in the Property and Borrower't <br />obliption to pay the sums secured by this Security In5trument shall continue unchanJed- Upon reinstatement by <br />Borrower, this Securily Instrument and the obliptions secural hereby shall remain fully ell'ecllve as If no acceleratIon had <br />occurred, However. this riabt to reinstate shall nol apply in the case of acceleration under parasraphs 13 or 17_ <br />