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<br />88-105755 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required 10 maintain the insurance in effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower notice at the lime of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with <br />nnJ.' 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 10 Lender, <br />In the event of a toraltaking of the Property. the proceeds shall be applied to Ihe sums secured by this Security <br />Instf'.lment, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unJess 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 total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately hefon: the taking, Any balance shall be <br />paid to Borrower. <br />[f Ihe 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, Lender is authorized to collect and apply the proceeds, 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 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 chllnge the amount of such payments, <br />10. Borrower Not Released; Forbearance By Lender Not B Waiver. Extcllsion of the time for payment or <br />modification of amonization of the sums secured hy this Sccurity Instrument granted by Lender to any successor in <br />interest of Borrower shall not operate to release the liability of the origir.al Borrower or Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any succes.....or in interest or refuse to extend time for <br />payment or otherwise modify amortization of the sums secured by Ihis Security Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interesl. 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 agreemenls 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 Security <br />Instrument but does not execute the Note: (a) is CD-signing this Security Instrument only to mortgage. grant and convey <br />that Borrower's intere:it in the Property under the tenns of this Security Instrument; (b) is nol personally obligated to pay <br />the sums secured by this Security Instrument; and (cl agrees that Lender and any other Borrower may ugree to eXlend, <br />modify, forbear or make any accommodations with regard to the term': of this Security Instrument or the Nole without <br />that Borrower's consenl. <br />12. Loan Charges. Jf the 10lln M:cured by this Security Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally intcrpreled so that the interest or other loan chargcs collected or to be collected in <br />connection with the loan eAceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permitted Umit: and (b) any sums alrcady collected from Borrower which exceeded <br />permitted limits will be rerunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the NOle or by making a direct payment to Borrower, Ira refund reduces principal, the reduclion will be treated as n <br />panial prepayment wit haUl any prepayment chllrge under the Note, <br />13. Legislation Affecting Lender's Rights. If enaclment or cApiration of applicable laws has the effect of <br />rendering any provision of the Note or thi!> Security Instrument unenforceable according to it!i terms. Lender. at its option, <br />may require immedia'iC payment in full of all sums secured by this Security Instrument and may invoke Bny remedies <br />permitted by parllgraph I Q. If Lender exercises this option, Lender shall take the steps specified in the second parugruph of <br />paragraph 17, <br />14. Notices. Any notice 10 Borrower provided for in thi!. SecurilY Instrument shall be given by delivering il or by <br />mailing it by firs1 class mail unles!> applicable law requires us~ of Ilnother method, 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 addres.., stated herein or any olher address Lender designates by nolice to Borrower. Any notice <br />provided for in lhis Security Instrument shall be deemed to have been given to Borrower or lender when given as provided <br />in Ihis paragraph. <br />IS. Governing Law; Severability. This Securit)' Instrumenl shall be gO\lerned by federal law and the law of the <br />jurisdiction in which the Property is located, In the event that any proVision or clause of this Security Inslrumenl or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument 01 the Nole <br />which can be given effect without the conflicting proVision, To this end the provisions of this SecurilY Instrumcnl and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shaH be given one conformro copy of the Nole 3nd of this SecuTlly Instrument. <br />17, Transfer of the Property or a Beneficial Interest in Borrower. If all or any purt of thc Property or uny <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is ~uld or transferred and Borrower is not a namra! <br />penton) withoul lender's prior written consent, Lender may. al its option, require immediate payment in full of all ~ums <br />secured by [his Security Instrument. However. this option shall not be exercised by lender if excrci~e i!'. prohibited by <br />federal law as oflhe date of this Security Instrument, <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thc notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower TnU<;1 pay all !turns secured b~ <br />thiS Security Instrument. [fBorrower fails to pay these sums prior to the e.llpiratlon oflhl!> perlud. Lender may Invoke an~ <br />remedies permiued by Ihis Security Instrument without further notice or demand on Borrower. <br />18, Borrower's Righllo Reinstate. If Borrower meets certain condilions, Borrower !>hall have lhe nght to have <br />enforcement oflhis Security Instrument discontinued at any time prior (0 Ihe earlier of: (1.1) 5 ua}'!t (m ..ut:h olher petlod u!> <br />applicable law may specify for reinstatement) before sale of the Property pursuanl 10 an)' power of !talc ....11II1i.UneOlll 11m <br />Sc:curity Instrumenl; or Cb) entry of a judgmenl enforcing Ihis Securily lnst rumen I , Tho..e CIUllilIIOIl!'t arc thai Burrower <br />(D) pay!\. Lender all sums which then would be due under this Security In",rument and the Nolc had I1Il ,u:ccleTalinn <br />occurred; (h) curo Iln~ default of any other covenants or agreements: (el paY!t all cxpenSl."!t Incurred 111 enfnfl'U1~ 1111' <br />Securny Instrument, Includmg. but not limiled to, reasonable auorneys' fee!'; and ld) lakc.."!t 'u....h <.lr..'tU)IJ ii!t l.ender ma) <br />reasonably require to as.sure that the lien of this Security Instrumenl. lender'!,> rlghl!> 111 Ihe Prupt'rly ano I1nrruwcr'.. <br />obhgauon 10 pa)' the !!turns !l.ecurcd by lhi!l Security Instrument shull ....ontlnue unl.."hanlted Upnn n'IIl!tlalclllelll h~ <br />Uorrn,..c:r. Ihl.. Sa:unly In~trument and lhe obligations secured hereby ..haU remam full) c:iTecll\e a.. 11' II\I;Jccdt'llIIUIIl hm.l <br />(k:-(.'urrcd .tllwc....er.llu'Jt nghlto relOstate shall not apply In theca~ uflt....cdcrallllTl under par.al!r.aph.. 11.11 1" <br />