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<br />88_105113 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by thili Securit}' Instrument, <br />Borrower shall pay the premiums required to muinlain the insurance in effect until such time as the requirement for the <br />insurnncc Icnninntc:s in accordance with Borrower's Dnd Lender's written agreement or applicable law. <br />8. Inspection. lender or its agent moy make reasonable entries upon and inspections of the Preperty. Lender <br />shall give Borrower notice al the time: of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of Dny award or claim for damages, direct or consequential, in connection with <br />tiny condc:mml1ion or other tnking of Dny part of the Property. or for conveyance in lieu of condemnation. are hereby <br />assigned and shan be paid to L.ender. <br />In the event of a tolal taking of the Propert}', the proceeds shall be npplied 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 laking of the Property, <br />unless Borrower and L.ender otherwise ngree In writing, the sums secured by this Security lnstrument shan be reduced by <br />the amount of the proceeds multiplied by the following fraction: (n) lhe lotal amounl of the sums secured immediately <br />before the taking, divided by (b) the fair market vaJue of the Property immediately before the taking, Any balance shall be <br />paid to Borrower, <br />[fthe Propeny is abandoned by Borrower. or if. after nolice by Lender 10 Borrower thai the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond 10 Lender within 30 days after Ihe date the notice is <br />given. Lender is authorized to conect and apply the proceeds, at its option, either to reslorntion or: repair of the Property or <br />to the sums secured by this Seeurit)' Instrument, whether or nol 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 B Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Instrument granted by L.ender 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 10 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 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 Securily <br />Instrument but does not execute the Note: (a) is co-signing this Security [nstrumenl only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrumem; (b) is not personally obligated to pay <br />the sums secured by this Security Ins1rument; 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 [nstrumen1 or the Note without <br />that Borrower'sconsent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to n Jaw which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges conceted 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) 3ny sums already collected from Borrower which exceeded <br />permitted limits will be refunded to Borrower, Lender may choose 10 make this refund by reducing the principal owed <br />under the Note or by making a direct payment 10 Borrower. If a refund reduces principal, the reduction wiIJ be treated as a <br />partial prepayment without any prepaymenl charge under the Nole. <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 Ihe second paragraph of <br />paragraph 17. <br />14, Notices. Any nolice to Borrower provided for in lhis Security lnstrurnent shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requiro use of another melhod, The notice shall be directed to the <br />Propeny 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 addres!oo Lender designates by notice to Borrower. Any notice <br />provided for in this Security In~trument shall be deemed 10 have been given to Borrower or Lender when given as provided <br />in this paragraph, <br />15. Governing LaWj Severability. This Security Jnstrumenl shall be governed by rederallaw and the law of the <br />jurisdiction in which the Property is Jocated, In the event thal any provision or clause of this Security Inslrument or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the NOle <br />which can be given effecl without the conflicting provision. To this end the provision!> of this Security Inslrument and the <br />Note are declared to be severable, <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and oflhis 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 />tnlerest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />pe~an) \l,'ithout Lender's prior written consent. Lender may. at its option, require immediate payment in full of all sums <br />M:Cured by this Security Instrument. However, lhis option shall not be ~xercised by Lender if exercise is prohibited by <br />federalla\\' as oflhedate of this Security Instrument. <br />IfLcnder exercises this option, Lender shall give Borrower notice of acceleration. The notice shaH provide a period <br />of nolless than 30 days from the date the notice is delivered or mailed within which Borrower must pay an ~ums secured by <br />thi!lo Security Instrument. If Borrower fails to pay these sums prior to the expiration ofthi~ period, Lender mny invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower~s Right to Reinstate. If Borrower meets certam conditions, Borrower shall hll\'C Ihc nght 10 have <br />enforcement ofthi~ Securit)' Instrument discontinued at any lime prior to the earlier of: (a) 5 days (or such other period ns <br />applicable law lOa). !opecif}. for reinstatemenl) before sale of the ProperlY run.ulInl 10 any p<J\\,'er l1f ..ale ~onlalncd In thi.. <br />Securit> Instrumen1; or (b) coer)' ofajudgment enforcing Ihl!o Sc,:unIY In!tlrumt:1l1. Those conditIOns arc that Rorrnwer <br />(3) pay!. Lender all "iums which then would be due under thl' Security In!olr-umenl and the Nole had nn UCC'c:ICrutlllTl <br />occurred; (bl cure!. nn)' default of any other co\'cnant!t or agreement"; (el pay.. all expen..c\ mcurr('d Itl cnfon:lOj; Ihl' <br />Securit) Inslrumenc. Including., hut not limited to, reasonahle allorney'" fee!., and ldlln....e!o ...\Il.:h aellllll U!o l.cndrr may <br />rea~nably require to a!...urc thai the lien of thi.. Secunt)' In!otrumC'nl. I ('nder'.. np:ht... 10 Ihe Pnlperl) and Bllrro\\.'c:r'!'t <br />obJigatlon 10 pay lhe ..urn.. ..ecurerl hy (hi, Sc{.'unty In...trumcIU ..hall \..C10tIllUt' Ul1dlall~t'J ("pLIO IC'lll...talenlent h~ <br />Borrower, Ihl.. Sn'Ufll) In\trumcnt and the (lbllglltlon!oo ..C'~ured herl'h~ ..hall rcmam full~ elf('dl\ l'll" If Ih! an:dl'l':llltll1 h:1l1 <br />occurred Uo\\C'\.er, lhl'longht to tem..latr: 'thallnot apply IIIlh(' La...c llf "cLckr,lllttTl umlL'r pilr~'l::.filrh... I \ '~I 1 ':' <br />