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<br />88- 105841 <br /> <br />rr lender required mortgage insurance as a condition of making the loan secured by this Srcurity Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the <br />insurance tenninates in accordance with Borrower's and lender's wriucn 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 althe time of or prior to an inspection specifying reasonable cnuse for the inspection. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with <br />any condemnation or olher 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 lolal taking oC the Property, Ihe proceeds shan be applied 10 the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the evenl of a partial taking of the Property, <br />unless norrower and lender otherwise agree in wtiting, 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 tnking, divided by (b) the fair market value of the Property immediately bef(Jre the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by lender to Borrower thnl Ihe condemnor offers to <br />make an award or settle II 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 restoralion or repair of the Property or <br />to Ihe sums secured by this Security Inslrument, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall nol extend or <br />postpone the due date oCthe monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10. Borrower Not Releasedj Forbearance By Lender Not a Waiver, Extension of the time for payment or <br />modification of amortization of the sums secured by this Security Inslrument grunted by Lender to any successor in <br />interest of Borrower shall 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 lime for <br />payment or otherwise modify amortization of the sums secured by this Security Instrumenl by ren!'!on of any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance hy 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-siRners. The covenanls llTld agreements of <br />this Security Inslrument shall bind and benefit the successors and assigns of Lender and Borrower, subjecI 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 10 morlgage. grant and convey <br />Ihat Borrower's interest in the Property under Ihe terms of this Security Instrument; (b) is not personally obligated 10 pay <br />the sums secured by this Security Instrument; and (c) agrees thar lender and any other Borrower may agree to ex.tend, <br />modify, forbear or make any accommodations wilh regard to the terms of this Security Instrumenl or the Note without <br />that Borrower's consent. <br />12. Loan Charges, If the loon secured by this Security Instrument is subject to <llaw which sels maximum 101m <br />charges, and that law is finally interpreted 50 that the interest or other loan charges collecled or III he collected in <br />connection 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 pennitted limit: Rnd (b) any sums already collected Crom Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing Ihe principal owcd <br />under Ihe Noleor by making a direct payment 10 Borrower. Ira refund reduces principnl, the reduclion will be Ireated as n <br />partial prepayment without any prepayment charge under the Note. <br />13, Legislation Affecting Lender's RiRhts, )f enactment or expiration of applicable laws ha!'i the effecl of <br />rendering any provision of the Note or this Security Instrument unenforceable llccurding to ils terms. Lender. at its option, <br />may require immediate payment in full of all sums secured by Ihis Security Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises this oplion. Lender shall take the sleps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall he given by delivering il or by <br />mailing it by Iirst class mail unless applicable law requires use of anolher method. The nolice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any noliec 10 Lender shall be givcn 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 ~hall be deemed to have been given to Borrower or Lender when given as provided <br />in this ps.ragraph. <br />15. Governing Law; Severability. This Security Instrument shall be gmerncd by fcd'~rallaw and the law of the <br />jurisdiction in which the Property is localed. In the event thai any provision or clause uf Ihi!l Securily Instrument or the <br />Note conRicls with applicable law, such conflict shallnol affect other provisions of this Security Instrument or the Note <br />which can be given effect withoutlhe conflicting provision. To this end the provisions oflhb Security Inslrument and the <br />Note are declared to be severable. <br />16. Borrower's Copy, Borrower shall be given one conformed copy of the Note and of Ihis Security Instrument. <br />17, Transrer of the Property or a Beneficial Interest in Borrower. If all or an}' pari of Ihe Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or tr<ln!'!ferred and Borrower is not 11 natural <br />person) without lender's prior written consent, Lender may. at its option. require immediale payment in fuIlnf all sums <br />secured by this Security Instrument. However, Ihis option shall not be exerciscd hy Lendl'r if cxcn:i~c i!lo pnlhibitcd by <br />federal Jaw as ofthedllteofthis 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 Borrowcr mU!lo1 pay all !'!um!t !lccured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration oCthis periud. Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's RighI to Reinstate. If Borrower meets cenain conditions, Borrower shall ha~'c the right to have <br />enforcement of this Security Inslrument discontinued at any time prior to the earlier of: (a) 5 days (or !'!uch lIIher period liS <br />applicable law may specify for rdnstaleme"l) before sale of the Propert)' pur!'!uanl 10 any puwer of sale t;lllllainl.:d in thi.. <br />Security Instrument; or (b) enlry of a. judgment enforcing Ihis Security Imtrumenl. Tho..e t;unditiml!'! arc thut Bnrftlwer: <br />Ca) pays Lender nil sums which Ihen would be due under this Security Instrument llnd the Nole had no aCI,:c!eratioll <br />occurred; (b) cur~ any defnuh of any other em'ennnts or agreemenl!o>; (cJ pays all expem,e!' incurred ill enforcing thi~ <br />Securily In!olruml:nt. mduding, hut nOI hmncd to, Tl:a~onable alloflley!'!' fce~; and Cd) Illke~ ~uch action ~l', Lender may <br />rea~nabl). rcqum: In ll!loSurC that the lien (If thil'l Sel;urit) Instrument. Lender's nghh III Ihe l.roperl)' .tIId Borrower'.. <br />obligallon In PU)' Ihe ..urns !rl-curetl by thi~ Security [nstrument ..hall wnlll1uc ullchilllgeJ. Crun relll..lalelllelll h) <br />Ilnrwwer. Ih,\ SeCUnl) In..lrument and the ohligatlons !il'l.:ured hereby shall remUl1I fully elTcl'II\C il~ If 1111 ,iI:n'lcr:llltlll had <br />IlCL.urrC'd Ull~e\.l:r, 1111\ nghtln relfl\tulc ..halllltJl apply illlhe ca~e nraCcdCrlIllllII ulllkr par:l!!raph.. I' \" I":' <br /> <br />I' . I I <br />