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<br />88- 105792 <br /> <br />If Lender required mongage 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 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 time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. CondemnatioD. 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 and 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. with any excess paid to Borrower. In the event of a partial taking of the PropenY, <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 ,total amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower, <br />If the Propcny 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 coUcet 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 tben due. . <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />poscpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount DC such payments.. <br />10. Borrower Not Releued; Forbellnmce By Leoder Not. 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 Dot 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 interlist. Any forbearance by Lender in exercising any right or remedy <br />shall not boa waiver of or preclude the exercise ofany right or remedy. <br />1L So.........,. ad AaiIlDll Boond; Joint ad Several Liability; Co-signertl. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successor> 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: (a) is co-signing this Security Instrumenl only to mongag.. grant and convey <br />that Borrower's interest in the Property under the terms ofthis Security Instrument; (b) is not per.;onal1y obligated to pay <br />the sums secuted by this Sd:urity 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. Loan Cw-ps. If the loan secured by this Security Instrument is subject to a law which sets maximum Joan <br />charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />""""ection with the loan exceed 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 limits will be refunded to Borrower, Lender may choose to make this refund by reduciog the principal owed <br />under the Note or by making. direct paymcotto Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial ptepayment withoutay propaymcot eharge under the Note. <br />13, Lqlalatioa Alfeetln& Lender's RJPts. If enactment or expiratioo of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according 10 its terms, Lender, at its option, <br />may .-.quire 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 secood paragrapb of <br />paragraph 17. <br />14, Noti.... Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by lirn class mail unless applicable law .-.quires use of another method. The ootice 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 />Iir5t class mail to Lender's addn:ss stated herein or any other address Lender designates by ootice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been giYCO to Borrower or Lender when given as provided <br />in this paragraph. <br />15. GoveruiD& Law; Severahlllty, This Security Instrument shall be governed by f~erallaw and Ihelaw of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Securi'y Instrument or the <br />Nott: conflicts with applicable law, such conflict shall not affect other provisions of this Security Instmment or the Notc <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. IIomIwer's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17, TrlllSfer of the Property or . Beneficial IntereSt in Borrower. If all or any pan of the Propeny 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) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of aU sums <br />secured by this Security mstnlment. However, this option shall not be exercised by Lender if exercise is prohibited by <br />federa1law as of the 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 InstrUmetlL If Borrower fails to pay these sums prior [0 the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument whhout further notice or demand on Borrower. <br />18. Borrower's JUabt to Relastate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement of this. Security InstrUment discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinSlatentOllt) before sale of the Property pursuant to any power of sale contained in this <br />Securiry Instrument; or (b) entry of a judgment enforcing this Security instrument. Those conditions arc that Borrower: <br /><It) 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 agreements; (c) pays all e~penscs incurred in enforcing this <br />Security Instrument, including, but not limited to, reasonable attorneys' fees; and (dl takes such action as Lender may <br />rssonably requ.ire 10 assure that the lien of this Security instrument. Lender's nghts to the Property and Borrower's <br />obligation [0 pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by <br />Borrower.thlS Security Instrument and the obligations secured hereby shall remam fully c:trectl'l/C a!o Iroo accc:ler:uion had <br />ocC'urrr:d. Howe\.'er. Ihis nsht 10 re:inst3le shall not apply in the '1l5C of accc:lerullon under pnr:Is.T:lph!l 13 \lr 1 ":' <br />