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<br />88- 104750 <br /> <br />If Lender required mongaBe insurance as a condition of making the Joan 5<<ured by this Security Instrument. <br />Borrower, shan pay the premiums required 10 maintain .he insurance in l:ffect until such time as the requirement for the <br />insurance -$;i" lefin-aee<<dance with Borrower's and Lender's wriuen agreement or applicable law. <br />I.: I' ." 'Li!t1d.r or its "genl may m.ke reasonable entries upon and inspections of the Property. Lend.r <br />shall live Bo 'we.: k10tfcriar the time of or prior 10 an inspection specifying: reasonable cause for the inspection. <br />9. CoodnaudOll. 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. arc hereby <br />assiplCd and shall be paid to Lender, <br />In the even' of a 10lal taking of the Property. ,he proceeds shall be applied to the sums secured by this Security <br />Instrument, whether or not rhen due. with any excess paid to Borrower. In the event of a panial taking of the Propeny, <br />unless Borrower and Lender otherwise agree in writing, tbe sums secured by this Security Instrument shall be reduced by <br />the amounl of the proceed. multiplied by Ihe following fraction: (aJ ,he lolal amount of the sums secured immedialely <br />before lbe taking. divided by (b) the fair market value of the Property Immedi.tely before thelakiug. Any balance shall be <br />paid 10 Borrower. <br />If the Propcny is. abandoned by Borrower, or if, after nmice by Lender to Borrower lhe[ the condemnor offers to <br />make an award or scule 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, eilher 10 resloration or repair of the Property or <br />to the sums secured by Ihis Securily Instrument. whether or not then due. <br />Unles.s Lender and Borrower otherwise agree In writing, any applicallon of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Releued; Forbearance By Lender Not. Wainr, Extension of the time for payment or <br />mOlhfication of amorti"lion of lh. ,urn, secured by lhis Security Instrument granled by Lender to any successor in <br />mterest of Borrower shall nor operate 10 release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall nm be required 10 commence proceedings against any successor in interesl or refu5C to eXlend time for <br />llIyment 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 />II. Succeaon ODd AaaIpa Boaad; JolJIl aDd SenraJ Uablllty; C....lgne.... The covenants and agreements of <br />th1.5 Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, !iubjcct to the provisions <br />of paragraph 17, Borrow.r's covenants and agreements shall bejoint and ..veral. Any Borrower who co-signSlhis Security <br />InsrrumC'JIt but dca not uecutr the Note: (a) is co-signing this Security Instrument only to mongage, grant and convey <br />that Borrower's Intcn::51 in the Propeny under the tenns of thIS SecurilY Inslrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) Igrees that Lender and any olher Borrower may agree 10 extend. <br />modify, forbear or mike any accommodallons with regard 10 the lerms of Ihis Seeunty Instrumenl or the NOle withoul <br />Ihlt Borrower's conlC'IU. <br />ll. Lou C'IaaraeI. If the loan secured by thi5 Secunty Instrument is subjcct 10 a Jaw which sets maximum loan <br />charges. and Iha. law is finally inlerpreted 50 thai the interest or other loan charges collected or 10 be collected in <br />connecUon WIth the loan uceed the permiued limits, Ihen: (a) any such loan charge shall be reduced by the amount <br />necessary 10 reduce the charge to Ihe pennuted lImn; and (b) any lums already callccled from Borrower which exceeded <br />pennitted limits will be refunded 10 Borrower Lender may choose 10 make Ihls refund by reducmg the principal owed <br />under the Note or by making a direct paymenl to Borrower. If a refund reduces pnncipal, the reducllon will be treated as a <br />panial prepayment wuhout any prepayment chargc under Ihe NOle. <br />13. LeaiIIIItlOD Alfect.lna Lauler'. RlahlL If enaclmenl or cxplratlOn of applicable laws has the df'ect of <br />rendering any provision oflhe Narc or Ihl!t Security Instrument unenforceable accordmg 10 Its lerms, Lender, at its option, <br />mlY require immediate: payment In full of all sums iCCurcd by thl~ Sa:Unl)' In~(rumcnl ond may Invoke nny remedies <br />penninecl by paragraph 19. If Lender exerClSO thiS option, Lender shall lake the sleps specified In the second paragraph of <br />paragraph 17, <br />14. Notlca. Any norice to Borrower proYlded for in thIS Seeunty Instrumenl shall be gi....en by deli....ering it or by <br />mailing it by fint class mad unless apphcable law reqUires use of Bnarher method. The nOlice shaH be directed 10 the <br />Propct1y Address or any other address Borrower designates by norice to Lender Any notice to Lender shall be given by <br />first class multo Lender's address stated herein or any other address Lender dcslgnates by norice to Borrower. Any notice <br />provlded for in this Secunty Instrument shall be deemed to have been given to Borrower or Lender when gi....en as provided <br />III this paragraph, <br />15. Go>ertllq....w; Se.erablUty, This Secunly Instrument .hall be governed by federal law and lhelaw of the <br />JunsdtclIon in which the Property is located. In the event that any proVISion or clause of thiS Seeunl)' Inslrument or Ihe <br />NOle connicu with applicable law, such conniet shall not atrect other prOVISions of thiS Securily Instrumenl or Ihe Note <br />which can be given drect without the conflicting proviSion. To this end the provlslon~ of Ihls Seeuot)' Instrument and the <br />Nole are declared tobeSC'lr'erabJe. <br />16. Borrower'. Cop,. Borrower shan be g1...en one conformed copy of Ihe NOle and of IhlS Security Inslrument. <br />17. TnaIf'r:r of the Property or . Beudiclal Jutensl in Borrower. If all or 3ny pan of the Property or any <br />mterest In ir is sold or transferred (or if a beneficial interesl in Borrower IS sold or transferred and Borrower IS nOI a nalura) <br />person) withour Lender's prior wntten consent, Lender may. at Its option, require Immechare payment In full of all sums <br />~ured by this SecUril)' Instrument. However, thIS option shall not be e.\erclsed by Lender If exercl!tC IS prohibited by <br />fcdc:nJ law as of the date of this Security Instrument. <br />Ir Lender uercises this option. Lender shall give Borrower nollce of acceleration The noUce shall prOVide a penod <br />of nor leu tban laday. from tbe dale the notice is delivered or mailed wlthm which Borrower musl pay all sums secured by <br />thu. Secunty Imtrument. If Borrower fails 10 pay Ihese sums. pnor to Ihe expiratIOn of thiS penod, Lender may mvoke any <br />remedies permitted by this Seeunty Instrument MthoUI further noUce or demand on Borrower <br />.1, 1IoITower'. RJpllo Rehtllate. If Borrower mccl5 certam conditlon~ Borrower shall have Ihe nghl 10 ha~e <br />enforccmmr OflhIS Security Instrumenl discontinued at any time prior to Ihe earher of: Ca) 5 days (or such other penod 8!i <br />.pphCllble la... may lpeclfy for RtnSlalemenl) before we of the Properly pursuanl 10 any power of sale con tamed 10 Ihls <br />Sccunty IMtrummt; or (b) entry or a Judl1l1col enforcmg this Seeunty Inslrumen! Those cond11lon.. are Ihat Borrower <br />(a) paY' Lmder an 'liuml ...hlch tbm would be due under this Sccunly Im.lrumenl and Ihe NOle had no acceleration <br />occurT'ed; fh) cures any dcf.ull of an)" other coyenants or agrrcmenls; (c) pay!! all upcn!tO Incurred 10 enfon:mg Ihl~ <br />Serun1y Inslrument, mcludJOl, but not hmned to. ruson.ble allome)'1o' fees. and fdJ lake. !i.uch aCllon ..., Lender mal' <br />rcuonabl) reqUire' 10 auure Ihal the hen of thl!. SecUMly Instrument, Lender'5- n~hls 10 rhe' ProJlC'n)" and Borrower'.. <br />nbhpuoo 10 pA)" the !.um, ~ured by thiS Seeunty Instrument shall continue unch.nged L:p<lD relO'lolale'menl h) <br />Bonowa.thn Seeunr)' In"rument and rhe Dbhptlon\ \CeUI'M hcreb) ,h.11 remain (ull) effeclt\'C' 111\ I( nn ilccelerallUtl had <br />(Iccu:ncd H01IIr'e'n. Ih15 nshllo rr:tnllalc "haJJ not apply In Ihe ca\oC' of acceler-allnn under raralZ'.rh.. 1.\ \11 \.. <br />