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<br />?s- 104996 <br /> <br />1JJQ.\l} t\i8lB <br /> <br />If Lender required mortgage insurance as D condition of moking the lonn secured by this Security Instrume'nt, <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 Of applicable law. <br />8. Inspection. Lender or ils agent may make reasonable entries upon and inspections of the Propeny. Lender <br />sholl give Borrower notic~ at the limeofor prior to an inspection specifying reasonable cause for the inspection. <br />9. CondemnaUon. The proceeds of any award or claim for damages, direct Of consequential. in connection with <br />any condemmuion or other tnking of any part of the Property, Of for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to le~der. <br />In the event or a total taking or the Property. the proceeds shan be applied to the sums secured hy this Security <br />Instrument, whether or not then due. with any excess paid to Borrower. In the event of a partial tnking of the Property, <br />unless Borrower and lender otherwise agree in writing, the sums secured hy this Security Instrument shall be reduced by <br />the amount of the proceeds multiplied by the following fraction; (0) the tOlal amount of the sums ~ecured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shaU be <br />paid to 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 or scttle 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 10 restoration or repair oflhe Property or <br />10 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 shaU not extend or <br />postpone the due date oflhe monthly payments referred to in paragraphs 1 nnd 2 or change lhe amount of such payments. <br />10, Borrower Not Released; Forbearance By Lender Not B Waiver. Extension of the time for payment or <br />modificalion of amortization of the sums secured by this Security Instrum~nt grunted by Lender 10 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 !o.uccessor in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by this Security Instrument hy 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 />11. Successors and Assigns Boundj 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 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 hut docr. not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and cOl1\'ey <br />that Borrower\ interest in the Property under the terms oflhis Security Instrumenl; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; und (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 Notc witham <br />that Borrower's consent. <br />12. Loan Charges, Jr the: loan secured by this Security Instrumcnl is subject 10 a law which scts maximum loan <br />charges. and that law is finally interpreled so that the interest or other loan charges l'ollcctcd or III be collected in <br />conne:c1ion with the loan exceed the:: permitted limits, then: (a) any such lonn 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 Nole or by making a direct payment to Borrower. If a refund reduces principal, the reduction will he 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 lerms. lender, at its option. <br />may require immediate payment in full of all sums secured by this Security Instrument nnd 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 notice to Borrower provided for in this Security Instrument shall he given hy delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shull be directed to 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 staled herein or any other address Lender dc..-signates by notice 10 Borrower. Any notice <br />provided for in this Security Instrument shall be deemcd to have been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Goyerning La,,'; Severability. Tltis Secunt)' InSlrumeJ1( shall be governed by federal law and the la"' of the <br />j;;,,-,,!,.,jicLion in which the Property is located. In the event that any provision or clause of thi!s Security Instrument or the <br />Nme conti:~lS with applicable Jaw, such conflict shall not affect other provisions of this Security Instrument or lhe Note <br />which can be gi,,'~n effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are dcclared to !;\e severable. <br />16. Borrower's Copy. Borrower shall be: given one conformed copy of the Note and of this Security Instrument. <br />11. Transfer of the Property or a Beneficial Interest in Borrower. If all or uny part of the Property or all)' <br />interest in it is sold or lransferret1 ~or if a beneficial interest in Borrower is !sold or tran!tferrcd and Borrower is not a nnlural <br />person) without Lender's prior writh:."1 ,=Ollsenl. Lender ma)', at its option. require immediate payment in full of all sums <br />secured by this Security Instrument. HOft'!'ver, this option shall not be exercised by Lender if excrci!l.e is prohihited by <br />federal law as orthe date of this Security Illstruh;:'fll. <br />If Lc:nder exercises Ihis option. Lender shall gl\'~ !torrower notice of acceleration. The notice shall pnlVidt.' a period <br />of not less than 30 days from the date the notice is delivered or mai:..:;.;! within which Borrower must pay nil ~ums secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the eAi.:t<alion of this period, Lendt.'r may invoke uny <br />remedies permitted by this Security Instrument "'hhout further notice or demand ui: Borrower. <br />18. Borrowerfs Right to Reinstate. If Borrower meels cenain conditions, norf~wc:r shall have the right 10 hu\'e <br />enforcement of this Security Instrument discontinued at any time prior 10 the earlier of: (a) ~ ..!",,'s (or ~uch other period as <br />applicable law may specify for reinstatemen1) before sale of the Propert}' pursuan1 to any power d' ~ale 1.:11Iltaint.'c.J in tll1~ <br />Security Instrument; or (b) entJ)' of a judgment enforcing this Securil)" Instrument. Those conc.Jitinn~ ;:.rc that Borruwer: <br />(a' pays Lender all sums which then \\'ould be due under this Security Instrumenl and lhe Note had Il~' lICL"clerUlion <br />occurred; (b) curr.; any default of an)" other covenants or agreemenl.!l; (eJ PilY~ uU C:ApensL'!o incurred ill enllr:':ms this <br />Security Instrument. including. but nol limited to, reasonable attorneys' fCt.~; and Cd\ take!'. ~uch lll:lJUIl a~ Lcndcl Ina)' <br />reasonably require to assure tha1 the lien of thi~ Sccurit)' Instrumenl, Lender's fig}', in lhe Prnperl)' and BllrmWC['-, <br />obligation to pay the: sums -.ecurcd b)' this. Security Instrument shall continue \ ~hilngcd l!roll rcm..lalcment h) <br />Borrower. this Security In~trumenl and lhe ohligations. ~ured here:b)' !lhull remain 1 efTL'Ctl\t.' ll~ If III' il......clcratltltl had <br />occurred. Ho.....elicr.thi!l. righllo reins;alc shall nol apply in Ihe ca!oC uf accdcrutinT1 ur, I'aru~r:lrh.. Illlt 17 <br /> <br />~ .J ' I I <br />