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<br />88- 105200 <br /> <br />If L.nder r.quir<;.d. lI1Ql'.lSl\&< insurllllce.lIS.JI condition of making th. lo.n secured hy Ihis Security Instrum.nt, <br />Borrow.r shall pay th. preQ1l1l\Jl5 IIIquimUoomalnllin th. insurance in .ffect until such time as th. requirement for the <br />insurance tcnninates in accorijance with1Jotrower1s and Lender's written agreement or applicable law. <br />8. lnspecllon. L.niI.r"orlfs'igenl may make reason.ble entri.. upon and inspections of the Properly, L.nder <br />shall give Borrower notice at"'the time' of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnallon, Th. proceeds of any .ward or claim for dam.g... direct or cons.quenti.I, in connection with <br />any condemnation or other taking of any part of the Property. or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid to Lender, <br />In th. .yent of. lotal taking of the Property. the procccds sh.1I be .pplied to the sums secured by this Security <br />Instnlment, whether or not then due. with any excess paid to: Borrower. In the event of a partial taking of the Property, <br />unless Borrower aud Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />the amount of the proceeds multipli.d by th. following fraction: (.) the total .mounl of th. sums secured immediat.ly <br />before the taking, divided by (b) the fair m.rket yalu. of the Prop.rty immedi.t.ly before the taking, Any haI.nc. shall be <br />paid \0 Borrow.r, <br />If the Propeny 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 damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />given. Lend.r is .uthorized 10 collect and .pply the proceeds,.t its option, .ith.r to restor.tion or rep.ir of the Prop.rty or <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unl..s Lend.r and Borrower otherwise .gree in writing, any .pplication ofproc.eds to principalsh.1I not extend or <br />pDStpon.th. due dDte of the monlhly payments r.f.rred to in paragraphs I .nd 2 Dr chang. the amount of such payments, <br />10. Borrower Not Released; Forbearance By Lender Not. Waiver, Ext.nsion of th. time for p.ym.nt or <br />modification of .morli2ation of the sums secur.d by this Security Instrum.nt gr.nted by L.nder to any succ..sor in <br />int.rest of Borrower shall not operate to r.l.... th. Ii.bility of the original Borrow.r or Borrower's successors in luterest, <br />Lender shall not be required to commence proceedings .gainst any su....sor in inl.rest or refuse to .xt.nd time for <br />payment or otherwise modify amorli2ation of th. sums secured by this Security Instrument by reason of any d.mand m.d. <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in .xercising any right or remedy <br />shall not be. waiver of or preclude th. exercise of any right or remedy. <br />11. Sncc:essor.l and AsaiIlDS Bonnd; Joint and S..erallJabWty; Co-signers. The coyen.nts and .greements of <br />this Security Instrument shall bind and ben.fit th. successors and assigns of Lender and Borrower, subject to th. provisions <br />of paragraph 17, Borrower's covenants and .greements shall be joint and sev.ral, Any Borrow.r who co-signs this Security <br />Instrumcot but does nOI execute the Not.: (.) is co-signing this Security Instrument only \0 mortg.ge, grant and cony.y <br />that Borrow.r's inter..t in the Property under thetcrms of this Security Instrument; (b) is not personally oblig.ted to p.y <br />lb. sums secured by this Security Instrument; and (c) .grees th.t Lender and any other Borrower'm.y .gree to extend, <br />modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without <br />that Borrower's consent, <br />12. Loan Charges. Ifth.loan secured by Ihis Security Instrument is subject 10 .I.w which s.ts maximum loan <br />. charges, and thal law is linaIly interpreted so that the interest or other loan charg.. collected or to b. collc<:ted in <br />l:OIIIIection with the loan Cltcecd the permitted limits, thco: (.) any such loan charg. shall be reduced by lh. amOUD! <br />necessary to reduce the charg. 10 th. permitted limit; and (b) any sums already collected from Borrow.r whioh .xceeded <br />permitted limits will be refunded to Borrow.r, Lender m.y choos. to make this r.fund by reducing Ih. principal owed <br />under th. Note or by making I direct payment \0 Borrower. If. r.fund reduc.. principal, th. reduction will be trealed as . <br />partial prep.yment without any prcplyment charg. under the Note. <br />13. LegIslation Meeting Lender's Rlghle. If enactmenl or expiration of .pplicabl. I.ws 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 immediatc payment in full of all sums secured by this Security Instrument and may invoke any remedies <br />permitted by paragraph 19.1f~der exercises this oplion, Lender shall take the st.ps specified in the second paragr.ph of <br />paragraph 17, <br />14. Noti.... Any notic.to Borrow.r provided for in this Security Instrument shall b. giy.n by deliy.ring il or by <br />mailing it by first class mail unless epplic:&ble I.w requires ... of anoth.r method. Th. notice shall be direct.d to the <br />Property Address or any other address Borrow.r d..ignlt.. by notice to Lender, Any notice 10 Lender ,hall be given by <br />first class mail to Lender's add...... stated h.rein or any other address Lend.r d..ignates by notice to Borrower. Any notic. <br />provided for in this Security Instrumenl shall be deemed to h.v. been given to Borrower or Lender when given as provid.d <br />in this paragraph, <br />15. GonrningLa"1 SenrablUty. This Security Instrumenlshall be governed by federall.w .nd th.l.w of the <br />jurisdiction in which th. Proporly is located, In th. .yenl th.t any provision or cl.... of this Security In.;trum.ut or th. <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given e1f'ect without the conft.icting provision. To this end the provisions of this Security Instrument and the <br />Not. are declared to'be sev.rabl., <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Tnmsfer of the Property or a Beueficlallnterest in Borrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficialtnterest io Borrower is sold or transferred and Borrower is not a natural <br />person) without Lenderls prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. Howcver. this option shall not be exercised by Lender if exercise is prohibited by <br />fed.railaw as of the dale of this 3ccurilY Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less t~ 30 days from the date the Dotice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrowcr 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. Borrower'. RJpt to Reinstate. If Borrower meetS certain conditions, Borrower shall have the right to have <br />enfOrcemCOI of this Security Instrument discontinued.t any time prior to th. earlier of: (.) S d.ys (or such oth.r period as <br />Ipplicabl.l.w may specify for reinstalement) before sal. of the Property pursuant to .ny power of sal. cont.ined in this <br />Security Instrument; or (b) entry of ajudgmcnt enforcing this Security Instrument. Those conditions are that Borrower: <br />(a) pays Lender all sums which then would be due under this Security Instrument and the Note had no acceleration <br />occurred; (b) cures any default of any other covenants or agrr:cments; (c) pays alJ expenses incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such actiun as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Propeny and Borrower'~ <br />obli.ltion to pay the sums secured by this Security Instrument shall continue unchllDged. Upon reinstatement by <br />Borrower, this Security Instrument and the obligations sccured hereby shalJ remain fully effective as if no uccc:leruuon had <br />occurred. However, this right to reinstate shall not apply in rhe case of Ilccderauon under paragraph~ 13 elf 17 <br />