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<br />88- 104232 <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 written agreement or applicable law. <br />8. IDlpect!on. Lend~'or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the ~e of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CoIIdemnation. The'p~s"of.any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other t81tinifof an~( Part o(the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender. <br />In the event of a tolal taking of the ProlXrty, the proceeds 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 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: (1I) the total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property !!"'-nediately before the laking. Any balance shall be <br />paid to Borrower. <br />Ifthe Property is abandoned by Borrower, or if. after nolice by Lender to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to rf.spond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, M its 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 />postpolle 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; FOrMarance By Lender Not a Waiver, Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by Lender to any succes..cor 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 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 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 />ll. S_ ud AaipI Bouad; Joint ami Sneral Uability; Co-signers. 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-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 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 that Lender and any other Borrower 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 consenL <br />12. Lout CIIarweI. If the loan secured by this Security Instrument is subject 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 exceed the pennitted limits. then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be rd'unded 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 lIS a <br />panial prepayment without any prepayment charge under the Note. <br />13. LePsJatiOD Affecting Leader's RJpta. If enactment 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 />ltUIy require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />pennitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notic:a. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requtres use of another method. The notice shall be directed to the <br />Propel1y Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first c1as~ mail to Lender's address slated herein or any other address Lender design:.. ."' ny notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borro" : or Lender when given as provided <br />in this paragraph. <br />15. GoTerninn Law; Sel'erabiUty. This Security Instrument shall be governed by federal law and the law ofthe <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note conflicts 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 conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Borrower'. Copy. Borrower shall be given one conformed copy ofthc Note and of this Security Instrument. <br />17. T......fer of the Property or a BeDefieiallDterest iD Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's 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 not be exercised by Lender if ellercise is prohibited by <br />federal law as of tbe date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The nollce 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 Instrum~nt. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any <br />remedies permitted by this Security Instrument without fut1her nOUce or demand on Borrower. <br />II. Borrower'. HI_t to Reiutate. If Borrower meets certam conditIOns. Borrower shall have the nght 10 have <br />enforcement of this Security Instrument discontinued at any time prior 10 the earlier of: (a) 5 days (or such other penod as <br />applical:le law may specify for reinstatement) before sale of the Property pursuant to any power of sale conla1lled In lh.. <br />Security Instrument; or (b) entl)' of a judgment enforcing this Security Instrument. Those conditions are that Borrower. <br />(a) pays Lender all sums which then would be due under this Security Instrumenl and the Note had no Ilccelerallon <br />~urred; (b) cures any default of any other covenants or agreements: (c) pays all expenses Incurred 111 enforcl11g Ihls <br />Secunty Instrument. inducting, but not limited to, reasonable a!lomeys' fees; and Cd) takes such acllon as Lender may <br />reasonably require to assure Ihat the lien of Ihis Seeunty Instrument, Lender's nghts m the Property and Borrower's <br />oblipallon to pay the sums secured by this Securily Instrument shall contl11ue unchanl!1ed Ur>on rel11Slalemenl hy <br />Borrower. thiS Security Inslrument and the obligatIOns secured hereby shall remain rully elfecll\'c as Ir no accelerallon had <br />occurred However. th", nlht to remstate shall not apply In the ca~e of accelerallon under paragraphs 1.1 ur 17 <br />