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<br />88- 105941 <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 to maintain the insurance in effect until such time as the requirement for the <br />insurance Icnninales 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 al the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any nward 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 ,hall 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, whethfr or not then due, with any excess paid to Borrower. In the event of a panial 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 tbe foDowing fraction: (a) the total amount of tbe sum!. secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately beforethelllking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lc:nder to Borrower that the condemnor offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lcndcr 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 Propeny or <br />to the sums secured by this Security Instrument, whether or not then due. <br />Unless Lendcr and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due datc of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10, Borrower Not Releued; Forbearance By Lender Not B Waiver. Extension of the time for payment or <br />modification of amonization of the sums secured by tbis Security Instrument granted by Lender to any successor in <br />interest of Borrower shaD not operate to release the liabUity 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 cxtend time for <br />payment or otherwise modify amonization ofthe 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 ex.ercising any right or rcmedy <br />shall not be a waiver of or preclude the exercise of any right or remedy. <br />11. SU<eeuorl ODd Asslgns Boud; Joint and s...raJ Liability; Co-.lgnors. The covenanls and agreements 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 sevcral. Any Borrowcr who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mongage, grant and convey <br />that Borrower's interest in the Propeny under the tenns of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (e) agrees that Lender and any othcr 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. Loaa Cb.arps. If the loan secured by this Security Instrumcnt is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessaI}' to reduce the charge to the penniued limit; and (b) any sums already collecled from Borrower which exceeded <br />permilted limits will be refunded to Borrower. Lend.r may choose 10 make this r.fund by reducing tho principal owed <br />under the Note or by making 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 Note. <br />13, LqislItion Afrectin& Leader's Riptl. Ir enactment Dr expiration of applicable laws has the effect 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 />penniued by paragraph 19. IfLonder exercises this option, Londer shall take the Sleps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in Ihis Security Instrument shall be given by delivering il 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 />Propeny Address Dr 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 Lcndcr when given as provided <br />in this paragraph. . <br />15. Gonrnlng LaW; Senrability. This Security Instrument shall be governed 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 Ihis Sccurity Instrument or thc <br />Note conflicts with applicable law, such conflict shall not aff'cct other provisions of this Security Instrument or the Note <br />which can be given effcct without the conflicting provision. To this cnd the provisions of this Security Instrument and the <br />Note arc declared to be 5evCTllblc. <br />16. Borrower'. Copy. Borrower shall be given one conformed copy of the Note and orthis Security Instrument. <br />17. TraDlfer of the Property or a Beneficial Interest in Borrower. If ali or any part of the Property or any <br />interest in it is soJd or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is nol a natural <br />person} without Lend.er's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. Ho",'cyer, this option shall nol be exercised by Lender ir excrcise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lcndcr exercises this option, Lendcr shall give Borrowcr 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 ~ums secured by <br />Ihis Security Instrument, If Borrower fails to pay these sums prior to the expiration of Ihis period, Lender may invokc any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower'. RlPt to ReiDJtate. If Borrower meets certain conditions, Borrower shall havc the right 10 have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: fa) 5 days (or such olhcr period as <br />applicable law may specify for reinstatcmenl) before sale of the Propcny pursuant to any power of sale contained in Ihis <br />Security Instrument; or (b) entry of a judgment cnforcing this Security Inslrumen!. Thosc condilions arc that Borrower: <br />(a) pays Lender aU 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 CJr agreements; (c) pays all expenses incurred in enforcing this <br />Sccurily Instrument. including, but not limited to, reasonable anorneys' fees; and (d) lakes such action as l..cnder may <br />reasonably require to assure thai the lien of this Security Instrument, Lc:nder's nghts In the Propcny and Borrower's <br />oblipuon to pl.)' the sums secured by this Security Instrument shall conllnuc unchanged. Upon reinstatement by <br />Borro...er. this Secunly Instrument and the obligations secured hereby shall rl:'main fully effcctlve ti ifno acceleralion had <br />occurred. Howcver. this n&hl to reinstatc shan not apply in the ca5C or acceleration under paragraphs 13 or 11 <br />