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<br />88- <br /> <br />104143 <br /> <br />If Lender required mongage 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 eft'ect 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 />II. Iupeetlon. Lender or its agent may make reasonable entries upon and inspections of the Propeny. Lender <br />shall give Borrower notice at the time ofor prior to an inspection specifying reasonable cause for the inspection. <br />9. Coadeauaation. The proceedl of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, are hereby <br />lWigned and shall be paid to Lender. <br />In the event of a total taking of the Property, the proc~s 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 panial 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 sums secured immediately <br />before the takinJ, 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 offers to <br />make an award or settle a claim for damages, Borrower fails to respond 10 Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proc~s, 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 Lender and Borrower otherwise agree in writing, any application of proc~s 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 Releued; Forbearance By Lender Not a Wai.er. Extension of the time for payment or <br />modification of amonization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the original Borrower or Borro,.,cr's successors in interest. <br />Lender shall not be required to commence proc~ings againsl any successor in interest or refuse to extend time for <br />payment or otherwise modify amonization ofthe sums secured by this Security Instrument by reason of any demand made <br />by the oripnal Borrower or Borrower's successors 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 />II. s.cee.on and AulIP11 8oIUId; Joiat ud Seyera( Liabi.llty; Co-s1anen, 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 paragraph 17. Borrower's covenants and agreements shall be joint and several, Any Borrower who co-liigns fhis 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 thai Lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrumenl or the NOle without <br />that Borrower's consent. <br />11. Loa c:::Jauoaa. If the loan secured by this Security Instrument is subject to a law which sets muimum loan <br />charges, and tbat law is finally interpreted so that the interest or other loan charges collected or 10 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 to reduce the charse to the permitted limit; and (b) any sums already collected from Borrower which 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 making a direct payment to Borrower, If a refund reduces principal, the reduction will be treated as a <br />panial prepayment without any prepayment charge under the Note. <br />13. Lelblatloa Medina Lender', RJabtl. If enactment or expiration of applicable laws has the ell'ecl 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 mvoke any remedies <br />permiued by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17, <br />14. Notieell. Any notice 10 Borrower provided for in Ihis Security Instrument shall be gIven by delivering it or by <br />mailing it by lint class mail unless applicable law requires use of another 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 />fint clau mail to Lender's address stated herein or any of her 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 paragraph, <br />15. GoyenWtll LaW'; Seyerabillty, This Security Instrument shan be governed by federal law and the law of the <br />jurildiction in which the Propeny is located. In the event that any provision or clause of this Security Instrument or the <br />Note confticts with applicable law, such conftict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the confticting provision. To this end the provisions of this Securily Instrument and the <br />Note are declared to be severable. <br />16. Borrower', Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Tnufer of the Propeny or a Benefldallnterest In Borrower. If all or any pan of the Propeny or any <br />interesf in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />penon) without Lender's prior writlen consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument, However, this option shall nOI be exercised by Lender if exercise 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 tbM 30 days from the date the notice is delivered or mailed within which Borrower musI pllY all sums secured by <br />fhis Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke allY <br />remedies permitted by this Security Instrument without further notice or demand on Borrower, <br />Ill, Borrower', Rlpt to ReiDltllte. If Borrower meets c:enain conditions, Borrower shall have Ihe nghl to h.ve <br />enforcement of this Security Instrumenf discontinued at any time prior 10 the earlier of: (a) 5 days (or such Of her penod as <br />applicable la... may specify for reinstatement) before sale of the Property pursualll to IIny power of sale con tamed In thiS <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those condllions arc Ih.t Borrower <br />(a) pays Lender all sums which then would be due under Ihis Security Inslrument and the NOle had no accelerallon <br />occurred; (b) curb any def.ult of any other covenants or agreemenls: (c) pays all expenses mc'urred In enforcmg thIS <br />Security Instrument, including. bUI not limited to, reasonable attorneys' fees: and (d) lakes such action as Lender ma)' <br />reasonably require to assure Ihat the lien of this Security Instrumenl. Lender's nghls In Ihe Properly and Borrower\ <br />obliption to pay the sums secured by thiS Securily Insfrumenl shall c:onllnuc unchanged Upon relnSl.temcllI h~ <br />Borrower, this Secunty In51rument and Ihe obligalloM secured hereby shall remalll fuHy elfecllve as If no accelerallon had <br />occurred, However, Ihis riahlto reinstate shall nOI apply In the case of accelerallon under parDllrDphs 1,1 or 17 <br />