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<br />88- 1039r..:t1 <br /> <br />[f Lender required mortgage insurance as a condition of making the loan secured by this Sec~ty Instrument, <br />Borrower shall pay the premiums required to maintain the insumnce in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written 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 prior to an inspection specifying reasonable cause for the inspection, <br />9. Condemnation. 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 paid to Lender. <br />[n the event of a total' taking of the Property. the proceeds shall be applied to the sums secured by this SecurilY <br />Instrument, whether or not then due. with any excess paid to Borrower. [n the event of a 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 tOlal amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property immedintely before the taking, Any balance shall be <br />paid to Borrower, <br />[f 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 Ihe date Ihe notice is <br />given. Lender is authorized 10 collect and apply the proceeds, at its option. either to resloralion 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 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 Lender Not a Waiver. Extension of the lime for payment or <br />modification of amortization of the sums secured by this Security [nstrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release Ihe 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 eXlend time for <br />payment or otherwise modify amortization of the sums secured by this Security [nstrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall nOl bea waiver of or preclude the exercise of any right or remedy, <br />11. Successors and AuillDl Bound; Joint and Several Liability; Co-signen. The covenants and agreements of <br />this Security 'nstrument shall bind and benefit the successors and assigns of Lender 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 but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interesl in the Property under the terms of this Security Instrument: (b) is not personally obligated 10 pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other B"rrower 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's consent. <br />12. Loan Charges. If the loan secured by this Security [nstrumenl is subject to a law which sets maximum loan <br />charges. and that law is finally interpreted so thaI the interest 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 shall be reduced by the amount <br />necessary 10 reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permilled limits will be refunded to Borrower, Lender may choose to make Ihls refund by reducing the principal owed <br />under the Note or by making a direcl payment to Borrower. If a refund reduces prinCIpal. the reduction will be trealed as a <br />partial prepayment without any prepayment charge under the Note, <br />13. Legislation AffectinG Lender's Ripts. [I' enaclment 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 payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permilled by paragraph 1 q, [I' Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notil:ell. Any notice to Borrower provided for in this Security Instrument shall be given by delivering il 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 />Property Address or any olher address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Inslrument shaJJ be deemed 10 have been given 10 Borrower or Lender when given as provided <br />in this paragraph, <br />15. GoverninG Law; Severability. TIns SeCUrJ1y InSlrumenl shall be governed by federal law and the law of the <br />jurisdiction in which the Property is local ed, In the event Ihal any provision or clause of this Securily Instrument or the <br />Note conflicts with applicable law, such conllict shall nol affect other prov'isions of this Securily Instrument or the Note <br />which can be given effect withoutlhe conllicllng proviSIOn, To this end the provisions of this Security Instrumenl and I he <br />Note are declared to be severable, <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Nme and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in il is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nol a natural <br />pen.on) without Lender's prior wrillen consent. Lender may. at its option, require immediale payment in full of all sums <br />secured by this Security Instrument, However, this option shall nol be eJl.en:is"d by Lender if e.ercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />[f Lender exercises this option, Lender shall give Borrower nmice of acceleration, Tlie notice shall provide a period <br />of not less than 30 days from the date the not.ce is delivered or maIled within which Borrower must pay all sums secured by <br />this Securily Inslrumenl. If Borrower fail. to pay these sums pnor 10 Ihe expiration of th" period, Lender may invoke any <br />remedia ptrmilled by this Security [nslrument without further notice or demand on Dorrower. <br />18. Borrower's Riallt to Reill5tate. If Borrower meets certain conduions, Borrower shall Iiave thc righlto Iiave <br />enforcement of this Security [nSlrument discontinued at any lime prior In the earlier of: (a) 5 days (or such olher period as <br />applicable law may specify for reinstatemenl) before ""Ie of Ihe Properly pursuant 10 any power of sale contwned in Ilus <br />Security Instrument; or (b) entry of a judgment enforcmg this SccUrHy' Instrument Those condItions ale that Dorrmwr <br />(a) pays Lender all sums whIch then would be due under this Secunty Instrumenl llnd the NOle had no accelemtlon <br />occurred: (bl cures any deiauh of any other co\'enanls 01 agreement" (cl pays all e'pens,.., ,"curred '" enforcmg th" <br />Sccunty Instrument, ,"eluding. but not hm.ted to. rea.\Onable allomey' reo; and ld) ta~'" such aellon as Lender maj <br />reasonably requ,re 10 a..ure that the hen of th.. Securuy lnstrumen', Lender's ngh'. In the Prupcrt~ and Ilnrrn\\'Cl"s <br />obh,allOn 10 ~)' the .um. ..,cured bY' this Secunty Instrumen! .hall canllnuc unchnnged l'plln relllstntemenl h) <br />Bnrro\lo'cr. thl!~ Sc:cUrit)i In\trumcnl and the obligallon!. M:t:urcd hcrch) ...hall remain full) ciTeL'II\(, i1'- If 11\' u":1.:e!cr,JlI0n had <br />Il(Cuned H"'ac\'er. thn. nght to rcm"tatC' !i.hall nnl appl) IfI rhe ~:_a"C' of al.:rdC'rB1uIn undcr rilra~r aph.. l' l" 1 ":' <br />