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<br />88_!0556~ <br /> <br />If Lender required mongage insurance as a condition of making Ihe loan secured by this Security IMtrument. <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance tesmll!l'lcs In aCc:onlance witb Borrower's ond "'nder's wrillen agreemenl or applicable law. <br />a, I....t1... ,...nder or ilS Igenl may make reasonable enlries upon and inspections of tbe Property, Lender <br />sball give Borro.... notice II !betimeofor prior to an inspection specirying reasonable cause for tbe inspection, <br />9. CoDdeBmatlon. 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 ond sblll be paid to Lender, <br />In tbe evenl of a 10lal laking or Ihe Property, the proceeds shall be applied 10 the sums secured by Ihis 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 ond Lender olberwise ag.... in wriling. tbe sums secured by Ihis Securily Instrument shall be reduced by <br />Ibe amount of lhe proceeds multiplied by the following fraction: (a) the lotal amounl of tbe sums secured immedialely <br />before the IlIting, divided by (b) Ibe fair market value oflbe Property immedialely before the taking, Any balance sball be <br />paid 10 Borrower, <br />If the Property is abandoned by Borrower. Of if. after notice by Lender to Borrower that the condemnor offers to <br />make on lward or seide a claim for damages, Borrower fails 10 respond 10 Lender within 30 days after tbe date the notice is <br />given, Lender is authorized to collect and apply lhe proceeds. al its option. either 10 restoralion or repair oftbe 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 />postponelbe due date of lhe monlhly paymenl5 rererred to io paragrapbs I and 2 or changetbe amounl of sucb payments, <br />10, Borrower Not Releued; ForbearaDce By "'nder Not a Waiver. Extension of Ibe 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 EO release the liability of the original Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings againsE any successor in interest or refuse to e;ttend time for <br />payment orothc:rwise 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 lbe exereise or ony right or remedy, <br />11. Sac:ceaaorI and Aul.... BomuI; Jolntond Se..rlII LIability; Co..lgne... The covenanls and agreements of <br />this Security Instrument shall bind and beneftt 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 />Ill5trumenl but does not execute Ihe Note: (a) is co-signing Ibis Securily Instrument only to mortgage. graot and convey <br />that Borrower's interest in the Property under the tenDS of this Security Instrument; (b) is not personally obligated to pay <br />tbe sums secured by this Security Instrumenl; and (c) agrees thaI "'nder 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 />11. Loa Cb.araeL If the loan secured by this Security Instrument is subject to a law which sets maximum Joan <br />charges, and tbat law is finally interpreted so that tbe inleresl or olher loan cbarges collected or 10 be collecled in <br />connection wilb the loan exceed tbe permitted limits, then: (a) any such loan cbarge sholl be reduced by the amount <br />necessary 10 reduce Ihe charge to the permiued limit; ond (b) any sums already collected from Borrower which exceeded <br />permitted IimiI5 will be refunded 10 Borrower, Lender may cboose to make this refund by reducing tbe principal owed <br />under Ibe Note or by making a direcl p.ymenlto Borrower, If a refund reduces principal, the reduction will be trealed as a <br />partial prepaymenl wilbout any prepayment charge under lbe NOle, <br />13, LqislatlOD A1Jeet1n8 Lender'. R1Bhll, If ensctmeol or exl'::";% of applicable laws bas tbe elfect 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 />permilted by paragrapb 19, If Lender exercises this option, "'nder sball take the steps specified in tbe second paragraph of <br />paragrapb 17, <br />14. Notic:a. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailinc it by fint class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Propeny Address or any otber address Borrower designates by notice 10 "'oder, Aoy notice 10 "'nder sball be given by <br />first elus mail to Lender's address stated herein or any other address Lender designates by notice 10 Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in tbis paragrapb. <br />15. Gonnslq Law; Senrablllty. This Security Inslrument shall be governed by federal law and the law oflbe <br />jurisdiction in whicb tbe Property is located, In tbe evenllbat any provision or clause: of this Security Inslrumenl or Ibe <br />Note conllicts wilb applicable law, sucb conllict shall not affect otber provisions of this Security Inslrument or the Note <br />which can be given efFect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are declared to be severable. <br />16. Bonower'1I t.:opy. Borrower shall be given one conformed copy of the Note and oflhis Security Inslrument. <br />17. Tl'lUSIfer of Ibe Properly or I BeneHclal IDterestln Borrower. If all or any pan of the Propeny or any <br />interest in it is sold or tflnsfcrred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nol a natural <br />periOD) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Securily Instrument. However, this option shall nOE be exercised by Lender if exercise is prohibited by <br />federal law as oflbe date of Ibis Security Instrument, <br />If Lender exercises this option, Lender shall live Borrower notice of acceleration. The nOEice shan provide a period <br />or not leu than 30 days from the date the notice is delivered or mailed within which Borrower must pay all "urns secured by <br />this Security InstrumenL lfBorrower fails to pay these sums prior to the expiration orthis period, Lender may invoke any <br />remedis permitted by this SecurilY Instrument without funher notice or demand on Borrower. <br />II, JIonoower'. Rlpt to Rel_. If Borrower meets certain conditions, Borrower shan have the right to have <br />enforcement of this Security Instrument discontinued alany time prior to the earlier of: (a) S days (or such other period 05 <br />applicable law may specify for rcinsbtement) before sale of the Propeny pursuant to IlDY power of sale contained in this <br />Security Instrument; or (b) entry of a judJlftcnl enforcinllhis Security Instrument. Those conditions are Ihat Borrower: <br />(al pays Lender all sums whicb then would be due under ,his Security Instrumenl and tbe Note had no acceleration <br />occurred; (b) cu.ra IIIIY defaull or any other covenants or agreements; Cc) pays all expenses incurred in enforcinl Ihls <br />Security Instrument, ineludinl, but nol limited to, reason.able attorneys' fees: and Cd} takes such action as Lender may <br />l'EUOII&bJy require to auure that the lien of this Securily Instrument, Lender's rights in the Property and Borrower's <br />obUption 10 pay the sums secured by thll Seeunt)' Instrument \hall continue unchanged. Upon reJn!lotatemenl by <br />Borrower. .hi. Se;:unty Instrument and the obliptionllCCuml hereby fihaJI remam rully eft'CC:l1ve as If no acceleration had <br />oc:.curred. However, Ihm ",bttD rr1n,tate lhall notlpply In the casc of acceleration under paragraph!o 13 or 17 <br />