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<br />88- <br /> <br />105066 <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. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall gh'e Borrower notice at the time of or prior 10 an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or other taking of any pan of 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 total taking of the Property, 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: (a) the total amount of the sums secured immediately <br />before the laking, divided by (b) the fnir market value of the Property immediately before the taking. Any balance shall 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 senle a claim for damages, Borrower fails to respond to Lender within 30 days ;Ifter 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, any application 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 Released; Forbearance By Lender Not a Waiver. Extension of Ihe 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 nol operate to release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall nol be required to commence proceedings against any successor in interest or refuse to extend time for <br />payment or otherwise modify amonization oflhe 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 />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 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 tbe Note: (a) is co-signing this Sc:curity Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Propeny under the terms of this Sl.:curity 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 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 permined limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary [0 reduce the c~large to the permitted limit; and (b) any ~ums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower, Lender may choose to make lhi~ 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 as a <br />partial prepayment without any prepayment charge under the Nate. <br />13. Legislation Affecting Lender's Rights. If enactment or cxpimlion of applicable laws has the effeCI of <br />rendering an)' provision oflhe Note or this Security Instrumenl unenforceable: according 10 1I~ terms, Lender, at its option, <br />ma)' require immediate payment in full of all sums secured hy Ihis Secunty Instrument and may invoke nny remedies <br />permitted by paragraph 19. If Lender exercises this option, Lender sholl take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in thi!l SecurJly In!'tlrumcnt shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Propen3o' Address or any other address Borrower designates hy noHee to Lender. Any nolice 10 Lender shall be given by <br />first class mail to Lender's address stated herein or any other nddres!t Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been gi\'en 10 Borrower or Lender when given as provided <br />in this paragraph. <br />15_ Governing Law; Severabilit}'. This Security InsLrument shall be governed by federal law and the law of the <br />jurisdiction in which the Propeny is located. In the event that any provision or clause of thi!t Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Inslrument or the Note <br />which can be given effect without the conft.icting provision. To this end the provisions of this SecurilY Instrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy oflhe Note and of this Security Instrument, <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 ir is sold or Iransferred (or jf a beneficial interest in Borrower is sold or traO!iferred and Borrower j~ nol a nalum} <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sum~ <br />secured by Ihis Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower nOlice of acceleration, The notice fthall 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 Instrument. If Borrower fails to pay these sums prior to the expiration of thIS period, Lender may invokt' un)' <br />remedies permitted. by this Security Instrument without further nolice or demand on Borrower, <br />18. Borrower.s Right to Reinstate. If Borrower meets cenain conditions, Borrower shall have the right to havl' <br />enforcement cfthis Security Instrument discontinued at any time prior to the earlier of: (a) 5 day!. (or such other pcriod a!'t <br />applicable law may specify for reinstalemc:nl) before sale of the ProperlY pursuan1 to tIDY power of sale containc:d in 11m. <br />Security Instrument; or (b) cntry of a judgme:nl enforcing thi!. Securit), Inslrument. Those condlli(Jn~ an: that BOfTOWl:f: <br />(a) pays Lender all sums which then would be: due: under this Securily ln~lrument and the Nole had nll aCl'deration <br />occurred; (b) cures any default of any other covenants or agrL"ements; (c) pa}'s all cxpem;t.~ incurred 111 enforcing till!. <br />Security Instrument, including, but not limited to, reasonable at1omey!t.' feo; and (d) tak~ !o.UI:h ltc-litH! a!t. lender ma:)' <br />reason:1bly requlfe 10 assure that the lien of this Security InslTUment, Lender'" nghb 111 the Pfllperl~ and Borrower'.. <br />obhga m to pay the sum!l sccurc:d by this Security Instrument shall continue um:hangcd. l:pnn n:lI1!'ttlltcmclll 11) <br />Born. .:r, thl!!. Security InMrument and the obligation~ secured hereby ",hull renuun full)' dfel.:I1\'l." a.. IfTW al.:l.:l.IL'raIHH\ haJ <br />OCCt& I. Howe\'er. this right to reinstate shall not apply in the case of accderatl(ln under paragraph.. 1'\ \11 I;" <br />