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<br />88- 105947 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shaD 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 written agreement or applicable Jaw. <br />8. lupectlOD. Lender Of 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 Bny award Of 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 />lSSigned and shaU be paid to Lender. <br />In the event of a total talcing 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 or 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 lIIkinS, divided by (b) lhe fair market value of the Property immediately before the lakinS. Any balance shall be <br />paid to Bomnver. <br />If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the condemnor oWers 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 change the amount of such payments. <br />10. Borrower Not Releued; Forbearan~ By Lender Not. Waiver. Extension 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 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 time for <br />payment or otherwise modify amonization of the sums secured by this Security Instrument by reason o(any demand made <br />by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the excrciseof any riSht or remedy. <br />lL Saa:eaora aad AaIips Bouad; JuiDt and 5o,eral LIability; Co-sil\Ders. The covenants and Bsrccments of <br />this Security Inslrumenl shall bind and benefillhe succcssurs and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shalJ be joint and seyeral. Any Borrower who CQ-signs this Security <br />Insttument but does not execute the Note: (a) is co-signing this Security Instrument only to mongagc. grant and convey <br />that Bomnver's intercsl in the Property under the tcnns of this Security Instrument; (b) is not JlCI'Onally obtipted to pay <br />the sums secured by this Security Instrument; and (c) asrccs that Lender and any olher Borrower may qrcc to extend, <br />modify, forbear or make any accommodations with regard to the tenns of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. LolIII c::.'baraa, If the loan secured by this Security Instrument is subject to a law which sets maximum loan <br />c:harscs. and that law is finally inlerprcted so that the interesl or other loan eharscs collected or 10 be collecled in <br />connection with the loan exceed the permiued limits, lhen: (a) any such loan cbarse shall be reduced by lhe amount <br />necessary 10 reduce the cbarse 10 the pcnnittcd limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limits will be refunded 10 Borrower. Lender may choose to make this refund by reducinS the principal owed <br />under the Note or by makins a direcl payment 10 Bomnver. If a refund reduces principal, lhe reduction will be trealed as a <br />partial prepaymenl withoUl any prepaymenl cbarse under the Note. <br />13. LqjslatIoo A1JectIq Leadcr'. Rqhll. If enaclment or expiration of applicable laws has the effect of <br />rmderini 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 />permitted by JlIU'lBI'lph 19. If Lender excn:iscs this option, Lender shill take the steps specified in the second parasraph of <br />porasraph 17. <br />14-. Nodc:a. Any notice to Borrower provided for in this Seeuril)' Instrumenl shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another melhod. The notice shall be: directed 10 the <br />Propcny Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class maitto 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 giYC'll as provided <br />in this parapaph. <br />15. GoftIIIitI& Law; Snaability. This Security Instrument shall be sovcrned by federal law and the law of the <br />juriidiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />Note confficts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note <br />which caD be given df'ec1 without the con1Iicting provision. To this end the provisions of this Security Instrument and the <br />Notearedcclared to be severabJe. <br />16. IIomnrcr'II Copy. Borrower shill be Biven one conformed copy of the NUle and or this Securily InslrumenL <br />17. ~ of the Property or . _cIaI Intcrcsl in Borrower. If all or any pan of the Property or any <br />mlcl'CSt 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 all sums <br />sc::currd by thi5 Security Instrument. Howcver, this option shall not be exercised by Lender if exercise is prohibiled by <br />federal law as oftbedate of this Security InstrumenL <br />Ifl.a1dcr exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />afnot less than 30 days from the dale the notice is deliyered or mailed within which Borrower must pay all sums secured by <br />Ibis Security lnstrumcnt.IfDorrower fails 10 pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this ~urity Instrument without funher notice or demand on Borrower. <br />11. Barnnrer'. RiPt to RelBtate. If Borrower meets certain conditions. Borrower shall have the right to have <br />cnforcemeutof'this Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as <br />applicable law may specify for reinu.atement) before sale of the Propeny pursuant to any power of sale contained in this <br />Security ItlIttUIDeIIl; or (b) entJ)' of a judgment enforcing this Security Instrument Those conditions are that Borrower; <br />(a) pays Lender all sums ...hicb then would be due under this Security Instrument and the Note had no acceleration <br />occurn:di (b) cuns any dcfaull of any other covenants or agreements; (e) pays all expenses incurred in enforcmg Ihls <br />Security Insuument. including. but nOI limited to. reasonable anomeys' fees; and (d) takes such Bcllon as Lender may <br />re:uoubly Rquire to assure that tbe lien of this Security luslrumenl, Lender's rights in the Propcny and Borrower's <br />cbliphon to pay lhe sums. secured by lhis Security Instrument shall continue unchanged. Upon relnstalement by <br />Borrower.lhit. 5ecumy Instrument and the obliptions. secured hereby shaH rcml.m fully dfecuve as If no acceleratIOn had <br />occurred. H~. lhl5 npulo reinstate mall not apply m the casc of accclaallon under paragraph!. 13 or 17 <br />