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<br />88- 104788 <br /> <br />Ir Lender required mortgage insurance as 8 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 85 the requirement for the <br />Insurance terminates in accordance with Borrower~s and Lender's written agreement or applicable law. <br />.. lapeclioa. Lender or its asent m.y m.k. reason.bl. .ntri.. upon and inspections of the Property. Lend.r <br />shan give Bonower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. eo.deam.Idoa. The proceeds of any award or claim for damaSe5. direct Of consequential. in connection with <br />any condemnation or other laking of any part of the Property, or for conveyance in lieu of condemnation, arc hereby <br />assill"ed and shall be paid '0 Lend.r. <br />In the event of. totalt.kinS of the Property. th. proceeds .hall be applied to ,h. 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 Propeny. <br />unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the .moun' of ,h. proceeds multiplied by the followins fraction: (a) the total amount of the sum. secured immediat.ly <br />before the taltinS, divided by (b) th. fair market valu. ofth. Property immediat.ly befor.th. takins. Any balanc. shall be <br />paid '0 Borro",.r, <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 or seule a cJaim 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 Propeny or <br />to the sums secured by this Security Instrument. wh~ther or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application ofprocecds to principal shall not extend or <br />postpone the due dlte of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Nut Releaed; Forbeanuu:e By Lender Not a Waiter. 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 />tnlerest of Borrower shall not operate to release lhe liability of the original Borrower or Borrower's successors in interest. <br />Lender shan not be required to commence proceedings against any successor in inlerest or refuse to extend time for <br />payment or otherwise modify amonization of the sums secured by thiS SecurilY Instrument by reason of any demand made <br />by the original Borrower or Borrower's successon in interesL Any forbearance by Lender in exercising any righl or remedy <br />shall nol be . waiver of or preclude the e"ercise of any right or remedy. <br />11. SIoeeeaoon ad Aulpo IIoartd; JolDt ad s...ra1 Uabllity: Co-.illD..... Th. covenants and agreements of <br />this Securily Instrument shall bind and benefit the 5UCCCSIOfS and assIgns of Lender and Borrower. subject to the provisions <br />ofparasraph ]7. 8orrower'Iio CO\lenanlS and agreemen15 shall bejoint and several. Any Borrower who co-signs this Securily <br />Instrument but does not execute Ihe Note: (8) is co-signing this SecurilY Instrument only to mongage, grant and convey <br />thai Borrower's interest in the Propeny under the terms of Ihis Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Inslrument; and (cl agrees thai lender and any other Borrower may agree to extend. <br />modify, forbear or ntalke any accommodalions with regard to the terms of this Security Instrumenl or the Nole withoul <br />that Borrower', consent. <br />12. L.oa CII.a.rIeL If the loan secured by thl.!. Security Instrument IS subject to a law which sets maximum loan <br />charges. and that Ia", i. finally int.rpreted 10 'hal the 1D'.rOl' or o'h.r loan charsOl collected or to be collected in <br />connection with the loan exceed the permitted limits. lhen: (a) any such loan charge shall be reduced by lhe amount <br />necessary 10 reduce the charge to the pcnniued limit; ano (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may chOO5e 10 make this refund by reducing the principal owed <br />under tbe Note or by making a direct payment to Borrower. Ifa refund reduces principal. Ihe reduction will be treated as a <br />partial prepayment withou, any prepaym.nt chars. und.r the NOle. <br />13. Leaidadoa Afl'ectiaa Lender'. Riabta. If enactmenl or e~piration of applicable laws has the effect of <br />rendering any provision oflhe Note or Ihis So.:urit)' Instrumenl unenforceable according 10 i15 terms, Lender, at its oprioo, <br />may require immediate payment in full of all sums secured by this Security Inslrument and may in\loke any remedies <br />permitted by paragraph ~ 9. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 17, <br />14. Notices. Any notice 10 Borrower provided for in this Security Instrumenl shall be given by delivering it or by <br />mailing il by fint class mail unless apphcable law requires use of anolher method. The notice shall be directed to the <br />Propc:ny Address or any other address Borrower designates by notice to lender. Any notice 10 Lender shall be given by <br />fint class mail to Lender's address staled herein or any other address Lender designates by notice to Borrower. Any nolice <br />provided for in this Securily Instrumenl shan be deemed 10 have been given to Borrower or Lender when given 85 provided <br />ID this paragraph, <br />15. Go.tI'IliDI Law: S...rabllity. This Security Instrumenl shall be gov.rned by federal law and ,h.l.w of th. <br />Jurisdiction in which the Propeny is located. In the event that any provision or clause of this Security Instrument or the <br />Nole confticlS with applicable law. such conflict shall not affect other proviSIOns of this Security Instrument or the Note <br />which can be given cff'ect without the conflicting provision. To this end the provisions of this Security Inslrument 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. Truaf.. or tile Properly or . BeD.fi.ialIDt....t In Borrower. If all or any part of ,he ProperlY or any <br />Inlerest in it is sold or transferred (or if a beneficial interest in Borrower IS sold or Iransferred and Borrower IS nol a natural <br />peROn) without Lender's prior written consenl. Lender may, at ilS option, require immediale payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be e~erciscd by Lender if exercIsc is prohibited by <br />federal la.. as oftbe date of this. Security Instrument. <br />If Lender exercises lhis option, Lender shaU give Borrower noUce of acceleration. The noUce shall provide a period <br />ofno11ess than 30 days from the date Ihe notice is delivered or mailed within which Borrower must pay all !';ums sccured b)l <br />Ihis Secunt)' Inatrumcnt.lfBorrowcr rails 10 pay these sums. prior 10 the explrauon of this penod, Lender may invoke any <br />remedies pcnniued by this Security Inslrument withoul funhcr notice or demand on Borrower. <br />'1. Bono.u'. 81111' 10 Relatate. If Borrower meels cenam conditIOns.. Borrower shall hllYe the nghllo ha\le <br />enforcement ofchil Securily Instrument dis.contlnued It any lime prior 10 Ihe earlier of: (a) 5 days (or such other penod:u <br />applicable la. may lpccify for reinstatement) before sale of the Fropen)' pursulnl to any power of sale contamed in lhl~ <br />Security IMtrument; or fb) entry of a judgmmt enforcing this Secun1y Instrument. Those conditions are rhat Borrower <br />ra) polys Lender .U 'luml which Ihm would be due under this SeeU"1)' Instrumenl and th~ Nole had no Ul.:cderallult <br />octurred; (b) ""res Iny default of any other covenanls or agre-emenls; (c) pays all expcn5C5 Incurred 10 enforcmg Ihl!. <br />Securil) InSlrumcul, mc:ludinl, but nol limned la, reasonable anomeY!i' rea. and (d) take!. !'uch .chon 8!0 Lender may <br />reuonabl) requITe 10 alsure Ihal the lien of thi, SeeU"ty Inslrument. Lender'!, nlhls 10 Ihe Property and Dorrnwer.... <br />obhpuon to pill the lum, secured by IhlS Sccunly In'lrument "hall conllnue unchanged Upon rem~lalemenl h)' <br />BonOWiel'. thll Secunly Inurument and Ihe obhgatlons ioCCured hereb) shall remam full}. etrccllve a!!llr l\i,l accderalltln had <br />occurred Howner. Ihl" ",hi to mn,late "han nOI apply In the ca10C nf .ceder.llon under par.graph.. I.~ III 1 "7 <br />