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<br />88- 105700 <br /> <br />If Lender required mortglge 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 renninates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Il\IPOCIloa, Lender or ilS agent may make reasonable entries upon and inspections of the Property. Lender <br />shaJlgive Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Coaclemaatloa. The proceeds of any award or claim for damages, direct or consequential, 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 the evenl of a 10laltaking of the Property. the proceeds shan be applied to the sums secured by this Security <br />Instnlment. whether or nol then due, with any excess paid to Borrower. In the event of a partial taking of the PropenYl <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 mulliplied by the following fraction: <a) the total amounl of the sums secured immediately <br />before the talting, divided by (b) the fair market value of the Propeny immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abmdoned 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 />giVCD. Lender is authorized to collect and apply the procccdi. 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 ofprocceds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borra.... Not Rclcucd; Forbearance By Lender Not a Waiver. Exteosion of the time for payment or <br />modification of amonization of the sums secured by this Security Instrument granted by Lender to any successor in <br />interest of Borrower shaD 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 amonization of the sums secured by this Security Instrument by reason of any demand made <br />by the originatl Borrower or Borrower's successors in interest. Any fllrbearance by Lender in exercising any right or remedy <br />shall not be B waiver of or preclude the exercise of any right or remedy. <br />11. Suc:c:caaon and AaalgDII Bound; Joint and Several Uability; eo-slgners. The covenanlS and agrcemenlS 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 bejoint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (8) is co.signing this Security Instrument only to mongage, grant and convey <br />that Borrower's interest in the Propcrty under the terms oflhis Security Instrument; (b) is not personally obligated to pay <br />the 5Ums secured by this Security Instrument; and (c) agrcc:s that Lender and any other Borrower may agree to extend. <br />modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without <br />tbat Borrower's consent. <br />u. Loan C'harges. If the loan secured by this Security Instrument is subject to a law which sets nwdmum loan <br />charges, and that law is finaUy interpreted so that tbe interest or other loan cbarges collected or to be collected. in <br />connection witb the loan exceed the permitted limits, tben: (a) Bny 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 limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note or by ma!cing 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 Not.. <br />13. lqiaJatloa Medina Lender's R1pta, If eoactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its tenns, 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 the second paragraph of <br />paragraph 17. <br />14. Notica, Any notice to Borrower provided for in this Security Instrument 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 />Property 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 to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing LaW; Se.crability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which tbe Property is located. In the event tbat any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conftict shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To tbis end the provisions of this Security Instrument and the <br />Note arc declared to be severable. <br />U5. Bonuwer'. Copy~ Borrower shaD be given one conformed copy of the Note and of this Security Instrument. <br />17. Tranafcr of the Property or a Bcncficiallntcratln ikJrrower. If all or any part of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) witbout Lender's prior wrinen 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 d..ys from the date the notice is delivered or maiJed within which Borrower must pay all sums secured by <br />this Security Instrument. If Borrower fails to pay tbese sums prior to the expiration of this period. Lender may invoke any <br />remedies penniltcd by this Security Instrument without funher notice or demand on Borrower. <br />11. Bornnrertl RiPt to Reillltate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement cfthis Security Instrument discontinued at any rime prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Propcr1y pursuant to any power of sale conlalncd in this <br />Security Imlrument; or (b) entry of a judgmtnt enforcing this Security Instrument, Those conditions arc that Borrower: <br />fa) pays I..cndcr all sums which then would be due under this Security Instrument and the Note had no acceleration <br />0CClJrred; (b) cures any default of any other covenlolS or agreemmls; (c) pays all expenses incurred in enforcing this <br />Sa:unty Instrument. IDcluding. but nOl hmited to, rc:asonable attorneys' fees; and (d) takes such acuon as Lender may <br />reuonably require to assure [hat the lien of this Security Instrument. Lender's nshts In the Property and Borrower's <br />abllpllon to pII)' the sums secured by this Security Instrument shall conllnue unchanged Upon rcmstatemenl by <br />80rr0wc!. tbu Sccunty Instrument and the obhgatlons iCCured hereby 5....11 remam fully dfccllvc a!i If no accelerauon had <br />occurred. However. tho. n&hl to reinstate shall not apply In theasc ofaccder&lIon under pangraph!o 1 J or 17 <br />