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<br />88- 106003 <br /> <br />If lender required mortgage insurance ns a condition of making the loan secured by this Security Instrument. <br />Borrower shan pny Ihe 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 Rolict: at the time of or prior 10 an inspection specifying reasonable cause for the inspeclion. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with <br />any condemnation or other taking of any pari of the ProperlY, 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 he applied to Ihe 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 1he Propeny, <br />unless Borrower and Lender otherwise agree in writing. the sums secured by this Security Ins1rument shall be reduced by <br />the amount of the proceeds multiplied by the following fraclion: (a) the tolal amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Propeny immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower. or if, after notice by Lender 10 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 wri1ing, any application of proceeds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10, Borrower Not Released.; Forbearance By Lender Not a Waiver, EXlension of the time for payment or <br />modification of amonization of the sums secured by this Security Instrument grunted by Lender to any successor in <br />interest of Borrower shall not operate to release the Jiability 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 Ihis Security Instrument by reason of 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 or or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound.; Joint and Se,eral Liability; Co-signers, The covenants 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 covenonts and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (n) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Propeny under the terms of this Security Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender und 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 />1hat Borrower's consent. <br />12. Loan Charges. If1he loan secured by this Security Instrument 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 />necessary to reduce the charge to the pennined limit; and (b) any sums already collected from Borrower which exceeded <br />permined limits will be refunded 10 Borrower. lender may choose to make this refund by reducing the 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 />t3. Legislation Affecting Lender's Rights, If enactment or expiration of applicable Jaws has the effeCI of <br />rendering any provision ofthe 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 Ihis Security Instrumenl and mny invoke any remedies <br />permiued by paragraph 19. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in Ihis Security Inslrument shall be givcn by delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall bc direcled 10 the <br />Property Address or any other oddress Borrower designates by notice 10 Lender. Any nolice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by nolice to Borrower. Any notice <br />provided for in this Security Inslrument !<thull be deemed to hu\'c been given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Propcrt)' is located. In the event that any provision or clause of this Security Instrumci1! or the <br />Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrumen1 or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note arc declared to be severable. <br />16. Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Barrowe., If all or any part of the ProperlY 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 wntlen consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security [nstrument. However. this option shaH not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleralion. 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 Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without fun her notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement of this Security Instrument discontinued afany time prior to the earlier of: (a) 5 days (or such other period a.'i <br />applicable law may specify for reinstatement) before sale of the Property pursuant to nny power of sale contained in Ihis <br />Security Instrument; or (b) entry of a judgment enforcing this Security [nstrument. Those conditions are that Borrower: <br />(a) 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 ell.penses incurred in enforcing thi!<t <br />Security Instrument. including, but nol limited to, reasonable attorneys' fees; and (d) lake!<t ..ueh act inn as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender'" nghls 10 tht: Prnpt:i"ty and Borrower'!>. <br />obligation to pay the sums secured by Ihi!>. Security Instrument shall contmue undllmged l 'piln rcin..lalemenT hy <br />Borrower, thi!; Security Instrument and the nbligBllon~ secured hcrehy ..hull remain fully efTcl,:II\'C liS If Ill) iln:c1cratlnn had <br />occurred. Ho\\o'C'ver.lhis righl to rein..tale !<thall not apply In the 1.:L1"t.l1fucccll.rallllll under rilraf!rartl'. Illlr 1"7 <br />