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<br />88- 105185 <br /> <br />If Lender required mongage insurance as a condition of meking the loan secured by this Security Il15trumenl, <br />Bol'rower shall pay the premiums required to maintain the insurance In effecI until such time althe requirement for the <br />insurance tenninlltes in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. laapeet!oa. Lender or ilS agent mlY make reasonable enlries upon and in'pections or the Propeny, Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cau.. for the inlpection, <br />9. CondellUllldon. The proceeds ofaDY award or claim for damages. direct or consequential. in connection with <br />Bny condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned Ind 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. witb any excess paid to Borrower. In the event of B 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 lolal amount of the sums secured immediately <br />before the taking, divided by (b) the fair market .a1l1e of the Propeny immedialely before the laking, Any balance shall be <br />paid 10 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 settle a claim for damagcs. Borrower fails to respond to Lender within 30 days afler the date the notice is <br />given, Lender is authorized to collect and apply the proceeds. at its option. eilher 10 restoration or repair of the Propeny 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 paregraphs I and 2 or change the amount of such paymenlS, <br />10. Borrower Not Rei"""; Forbearance By Lender Not a Waiver. Extension of the 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 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 to 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 I waiver of or preclude the OlIe",i.. or any right or remedy, <br />11. Snceeaaora IUd AaalliD5 Bonnd; Joinl and Seve'" Liability; Co-signers. The covenanlS 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 11, Borrower's covenants and agreements shall be joint and several, Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mongag.. grant and convey <br />that Borrower's interest in the Property under the tenns of this Security 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. Loau CIargea. If the loan secured by thi, Security Instrument is subject to a Ilw which selS maximum loan <br />charges, and that law i, finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan ..coed the permitted limits, then: (a) any such loan 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 limilS will be refunded to Borrower, Lender may choose to make this refund by reducing the principel owed <br />under the Note or by making a direct plyment to Borrower, If a refund reduces principal, the reduction will be treated as a <br />panial prepayment without any prepayment charge under the Note. <br />13. Lqlalallon Affecting Lender's Rlpta. 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 plragraph 19, If Lender exercises this oplion. Lender shall lake the sleps 'pecilied in the second paragraph of <br />paragraph 11, <br />14, Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />meiling it by first class mail unless applicable law requires use of another melhod, The nOlice 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 address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given 10 Borrower or Lender when given as provided <br />in this plragraph, <br />15. Gonmlng La,,; S.nnblllty. This Security Instrument shall be governed by federal law end the law ofthc <br />jurisdiction in which the Property is located, In the event that any provision or clause of this Security Instrument or the <br />NOle conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given dfect without the conflicting provision, To this end the provisions of this Securily Instrument and the <br />Note are declared to be severable, <br />16. Borrower'. Copy. Borrower shall be given one conformed copy oflhe NOle and of this Securily Inslrument, <br />17. Transfer of the Property or a Beneficlallnterest in Borrower. ]f all or any part of the Properly or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nol a natural <br />person) without Lender"s prior written consent. Lender may. at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as orthe date of this Security Instrument, <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall 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 invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Bonawer'1 Ripl to RelasbIte. If Borrower meets certain conditions, Borrower shall have the right to have <br />enfo~cnt of this Scc;urity Instrument discontinued at any time pnor to the carlier of: (a> S days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judBmenl enforcing this Security Instrument. Those condilions arc Ihal Borrower: <br />(a) pays Lender all sums which then would be due under this Security Instrumenl and the Note had no acceJeralion <br />occurred; (b) cures any default of any other covenants or agreemenls; (c) pays all expcnso mcurred in enforcing Ihls <br />Security Instrument, includmg. but not limited to, reasonable attorneys' fees; and (d) lakes such action as Lender may <br />rtaIOfIably require to assure that the lien of this Security Instniment, Lender'Oj nghts in the Propeny and Borrower'$ <br />obtiption to pay the sums sc<:ured by this Security Instrument shall continue unch8nged Upon reinstatement by <br />Borrower. thi;\ Sr:c:UnlY Instrument and the obligations secured hereby shall remam fully cffccll\le D!llf nn accclcrallon had <br />occurred. HowC"ier,thls ri&tn torC'instate Ih.1I nOlapply In Ihe cue of acceleration under paragrllph!l 13 or 17 <br />