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<br />, BB- <br /> <br />104196 <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 ell'ect until such time as the requirement for the <br />insurance t~rminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. laspectjon... Lender or its agent may make reasonable entries upon and inspections of the Propeny. Lender <br />shall give Borrower notice at the time of or pnOr'lQ' SJJ'!JtlIpection specifying reasonable cause for the inspection. <br />9. COIldeIualion. The proceeds of any.ward or claim for damages, direct or consequential, in connection with <br />any condemnation or.oth~ ~nl.ofany pan ofthePropeny, or for conveyance in lieu ofcondemnation,lIi'e hereby <br />assigned and shall be paid to Lender.' . .~. -.~ <br />In the event of a tOlallaking of the Propeny, the proceeds shall be spplied 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 parria) taking of the Propeny, <br />unless Btlrrower and Lender otherwise agree in writing, the sums Sl:Cured 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 taking, divided by (b) the fair market value of the Propeny immediately before the laking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thai the condemnor oll'ers to <br />make an award or settle a clllim for damages, Borrower fails to respond 10 Lender within 30 days after the date the notice is <br />given, Lender is authori:u:d to collect and apply the proceeds, al ils 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 shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the smount of such payments. <br />10. Borro"er Not Releuecl; Forbearuee By Leader Not a Wall'er. EXlension 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 Borrower's successors in interest. <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 amonization of the sums secured by this Security Instrument by reason of any demand made <br />by the oriiPnaI Borrower or Borrower's successors in interest. Any forbearance by Lender in cxcrcising any right ar remedy <br />Ihall not be a waiver of or preclude the exercise of any right or remedy. <br />11. Suc:eeaIon and AIIJpa BoUDd; Jolat &Dd Senral Uablllty; Co-slanen. The covcnants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrowcr. subjeclto the provisions <br />of paraaraph 17. Borrower's covenants and agreements shall be joinl and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signinS this Securily Instrument only 10 mongage, grant and convey <br />that Borrower's interest in thc Propeny under thc tcrms of this Security Instrumcnt; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any olhcr Borrowcr may agree to extend. <br />modify, fOi'bear or make any accommodations with regard to thc Icrms of this Security Instrument or thc Note withoul <br />that Borrower's consent. <br />U. Lou CIIups. If the loan secured by this Security Instrument is lubject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan uceed the permitted limits. then: (a) any such loan charge shall be reduced by the amount ~ <br />necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which uceeded <br />permitted limits will be refunded to Borrower. Lender may choose 10 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. LeldIIatJoa Afreed... Lender's RlPtI. If enactment or cxpiration of applicable laws has the effect of <br />rcndering 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 />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notica. Any notice 10 Borrow:r provided for in this Security Instrumenl shall be givcn by dclivering it or by <br />mailing it by finl class mail unless applicablc law requires use of another mcthod. The nOlice shall be directed to Ihe <br />Property Address or any other address Borrower designates by notice to Lender, Any notice to Lender shall he givcn by <br />fint class mail to Lender's address stated herein or any other address Lender dcsignalcs by nOlicc to Borrower. Any nOli.:c <br />provided for in this Security Instrument shall be deemed to havc been given to Borrowcr or Lendcr when given as provided <br />in this paragraph. <br />15. GonnUq La,,; Sel'erabUlty. This Security Instrument shall be governed by federal law and thc law of the <br />jurisdiction in which the Propeny is located. In the event that any provision or clause of this Security Instrument or thc <br />Note conllicts with applicable law, such conftict shall not all'ecl othcr provisions of Ihis Security Instrumenl or thc NOlc <br />which can be given efl"ect without the confticting provision. To this end thc provisions of this Security Instrument and the <br />Note are declared to be severable, <br />16. Borro"er's Copy. Borrower shall be given one conformed copy of Ihc Note and of Ihis Security Instrument. <br />17. Tl'llllller of die Property or a Beneftelallnterest In Borro"er. If all or any pan of the Propeny or any <br />interest in it is sold or transferred (or if a beneficial inlerest in Borrowcr is sold or transfcrred and Borrower is nOI a nalural <br />penon) without Lmder's prior wriuen consent, Lender may, al its option, rcquire immediale paymcnt in full of all sums <br />secured by this Security Instrument. However, this option shall not be excrcised by Lender if cxercise is prohibiled by <br />federal law as of the date of this Security Instrument. <br />If Lender exerci!:s this option, Lender shall give Borrower noticc of accelcration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior 10 the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrumcnt without further notice or demand on Borrower. <br />1.. Borro"er's Rlpt to Reiutate. If Borrower meets cl:nain conditions, Borrowcr shall hBvc the righl 10 havc <br />cnforcement of this Security Instrumcnt discontinued at any time prior to Ihc earlicr of: (B) S days (or such othcr period as <br />Bpplicable law may lpecify for reinstatement) before sale of the Property pursuant 10 any power of salc contained in this <br />Security Inslrument; or (b) entry of a jUd,ment enforcing this Security Inslrumcnt. Those condilions arc Ihat Borrower; <br />(s) pays Lender all sums which then would be duc under this Security In~trumcnt and the Nole had no acceleration <br />occurred; (b) cures any default of any other covenants or a,reements; (c) pays all cxpenses Incurrcd in cnforcing this <br />Security Instrument, includina, but not limited to, reasonable auorncys' fees; and (d) takes such aClion as Lcnder mal' <br />reasonably require 10 assure that the lien of this Security Instrument. Lender's "ghts In Ihc Properly Bnd Borrower's <br />obliplion to pay the sums secured by Ihis Security Inslrumcnt shall continue unchanged. Upon reinslatcmenl by <br />Borrowcr, this Security Instrumcnl and thc obligalionl secured hcreby shall rcmaln fully clfecllve as if no accelerBllon had <br />occurred. Howcvcr, Ihis righlto reinltate shall nol apply In the case of accelcrallon under p8ragr8ph~ I" or 17 <br />