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<br />88- 104325 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay t he premiums required to maintain the insurance in effect unlil 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 Ine time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnetion. 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 />In Ihe event of a total laking of the Property, Ihe proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not then due, wilh any excess paid to Borrower, In the event of a partial taking of the Property, <br />unless Borrower and Lender olherwise agree in writing, the sums se;;ured 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) lhe fair market value of the Property immediately before the taking', Any balance shall be <br />paid 10 Borrower, <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award orsellle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given, Lender is authorized to collect and apply the proceeds, at 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, allY 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 time for payment or <br />modification of amortization 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 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 bea waiver afar preclude the exercise of any right or remedy, <br />11. Successors and Assigns Bound; Joint and Several Liability; 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 lhe 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 />thaI Borrower's intcrest 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 Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. 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 permitted limits, then: (a) any such Joan 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 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, Ifa refund reduces principal. the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note, <br />13. Legislation Affecting Lender's Rights. 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 />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. Notices. Any "at ice 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 requires use of aoother method, The notice shall be directed 10 the <br />Property Address or any other 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 Instrumeot shall be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph, <br />15. Governing Law; Severability. This Security Instrument shall be gllverned by federal law and the law of the <br />jurisdiction in which the Property is located, In the eventlhat any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict 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's Copy. Borrower shall be given one conformed copy of the Note 'lIld of this Security '"'trumen!. <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 it is sold or transferred (or if a beoeficial 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 exercise is pmhibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Leader shall give Borrower notice of acceleration, The noticc shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must puy all sun" secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this perilld, Lender may invoke allY <br />remedies permitted by this Securily Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shull have the right!o have <br />enforcement oFthis Security Instrument discontioued at any time prior to the earlier of: (a) 5 days (or such other period '" <br />applicable law may specify for reinstatement) beFore sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions arc that Borrower: <br />,(a) pays Lender all sums which then would be due under this SL'Curity Instrument and the Note hud no acceleration <br />occurred; (b) cures any default of any other covenants or agreements; (c) pays all e'penscs incurred in enforciIig Ihis <br />Security lnstrument, including, but not limited to, reasonable attorneys' fees; and td) takcs such actilln as Lender Illay <br />reasonably require to assure that the lien of this Security lnstrument, Lender's rights in Ihe Pmper!)' and normwer's <br />obligation to pay the sums secured by this Security Instrument shall conlinuc unchanged. l'pon rClllstatcmcll1 hy <br />Borrower. this Security Instrument and the obligations secured hereby shull remain fully effect!\e '" ,I' n" acc'ckral'''" had <br />occurred. Hnwever. this right tn reinstate shall not apply in the casc of al'Celerat!ll1l undcr paragraphs 11", 17 <br />