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<br />88- 106203 <br /> <br />If Lender required mongase insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower sba\I. pay tbe premiums required to maintain tbe insurance in efl'ect until sucb time as tbe requirement for tbe <br />in51lrance teimioalesinKCOrdance with Borrower'. and Lender'. written agreement or applicable Jaw. <br />S. ~" Lender Dr its agent may make reasonable entries upon and inspections of tbe Propeny. Lender <br />sball give IIOi'iiiiiiir nDtic:C al the time of or prior to an inspection specifying reasonable cause for tbe in.pection. <br />9. CoadeIiuuItloa. The proceeds of any award or claim fDr damages, direcl or consequential, in connection witb <br />any condemnation or otber taking of any port of tbe propeny, or for conveyance in lieu of condemnation,. Ire bereby <br />usiped and sba11 be paid tD Lender. <br />In the event of I total taking of tbe Propeny, tbe proceeds sball be applied to tbe snms secured by tbis Security <br />Instrument, wbetber or not tben due, witb any eJlcelIll paid tn Borrower. In tbe event of a panial taking of tbe Propeny, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by tbis Secnrity Instrument .hall be reduced by <br />the amnunt of the proceeds multiplied by tbe following fraction: (a) tbe tOil' omount of the sums secured immediatdy <br />before the taking. divided by (b) tbe fair market value of tbe Propeny immediately before tbe taking: Any balance sball be <br />paid to Borrower. <br />If the Propeny is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor ofl'ers to <br />make an award nr settle a claim for damages, BorrDwer fails 10 respond to Lender witbin 30 days after tbe date tbe notice is <br />given, Lender is authorized to collect and apply the proceeds. at its option. ejtber to restoration or replir of the Propeny or <br />to the sums secured by tbis Security Instrument, wbetber or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any Ipplication of proceeds to principal shall not extend or <br />postpone the due date of the mnntbly payments referred to in paragrapbs I and 2 or eblnge the amount of sucb payments. <br />10. Bo......,er Not Releaaed; Forbearaaee By Lender Not a Wal..r. Extension of tbe time fDr payment or <br />modification of amonization Df the sums secured by tbis Security Instrumenl granted by Lender to any successor in <br />inte<esl of Borrower shall not operate to release the liability of tbe original Borrower or Borrower's successors in interest. <br />Lender sba1l not be required to commence proceedings againsl any successor in interest or refuse to extend time for <br />payment or otherwise modify amonization of the sums secured by tbis Securily Instrument by reason of any demand made <br />by the original Borrower or Borrower's successors in interest. Any fDrbearance by Lender in exercising any rigbt or remedy <br />sball not be. waiver of Dr preclude the ellerc:ise of any right or remedy. <br />U. S_ and AaaIpa BoumJ; Jnint ad Sinn! UabUlly; Co-Ilgnel'll. The covenants and agreements of <br />tbis Security Instrument sbal1 bind and benefit tbe successors and assigns Df Lender and Borrower, subject tD tbe provisions <br />of paragrapb 17. Borrower's covenants and agreements .ball be joint and several. Any Borrower wbo co-sigos this Security <br />Instrument but does not execute tbe Note: (a) i. co-sigoing tbi. Security Instrument only to mortgage, grant and convey <br />that Borrower'. interest in tbe Propeny under tbe tenus oftbis Securily Instrument, (b) is not person.lly obligated to pay <br />tbe.ums secured by tbis Security Instrument; and (e) agrees tbat Lender and any otber Borrower may agree to extend. <br />modify, forllear or make any acc:ommodatinns witb regard to tbe terms of this Security Instrument nr tbe Note witbout <br />that Borrower'. consent. <br />U. Lou CIIarpI, If tbe loan secured by tbi. Security Instrument is subject to a Jaw wbich sels maximum loan <br />cbarges. and thai Jaw is linally interpreted so that the interest or otber loan cbarges collected or to be collected in <br />connection with the loan exceed tbc permitted limits, tben: (a) any such loan charge shall be reduced by tbe amount <br />necessary to reduce the c:Jwae to the permitted limit; and (b) any sums already collected from Borrower wbieb exceeded <br />permitted limits will be refunded to Borrower. Lender may cboose to make this refund by reducing tbe 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 />panial prepayment without any prepayment charge under tbe Note. <br />13. LqjlJatloa AtrectIDg Lender'. Rip'" If enactment or expiration of applicable laws bas tbe efl'ect of <br />rendering any provision oftbe Nnte or tbis Security Instrument unenforceable according to its terms. Lender, at its Dption, <br />may require immediate payment in full of all sums secured by tbis Securily Instrumenl and may invDke any remedies <br />permitted by paragrapb 19. If Lender exercises tbis nption, Lender sball take the steps specified in the second paragrapb of <br />paragrapb 17. <br />14. Noll... Any notice to Borrower provided for in tbis Security Instrument sball be given by delivering it or by <br />mailing it by first class mail unless applicable Jaw requires use of anolber metbod. Tbe notice sball be directed to tbe <br />Propeny Address or any other address Borrower designates by notice to Lender. Any notice to Lender sball be given by <br />first cwo mail to Lender's address stated berein or any otber address Lender designates by nOlice to Borrower. Any notice <br />provided for in this SecUl'ity Instrument .hall be deemed to have been given to Borrower Dr Lender wben given as provided <br />in tbis paragraph. . <br />15. Go.eraIDa Law; SeYerab1Uty. This Security Instrument sball be governed b) federal law and tbe law of the <br />jurisdiction in wbicb the Propeny is located. In the event tbat any provision or clause of this Security Instrumenl or the <br />Note con1Iicts with applicable Jaw, sucb con8ict shall not afl'ect olber provisions of this Security Instrument or tbe Note <br />wbicb can be given efl'ect without the conllicting provision. To tbis end the provisions of this Security Instrument and the <br />Nnte are declared tD be sevMlble. <br />16. 1Iorrower'. Copy. Borrower shall be giv.en one conformed copy of the Nole and of this Security Instrument. <br />17. Tnufer or !be Property or a BeIIellclallnterelt In Borrower. If all or any part of tbe Propeny or any <br />interest in it is sold Dr transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower i. not a natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in fuIl of all sums <br />secured by tbi. Security Instrument. However, this option sball not be exercised by Lender if exercise is prohibiled by <br />federa1 Jaw as of the da\e of this Security InstrumenL <br />If Lenderexen:ises this option, Lender shall give Borrower notice Df acceleratiDn. The nOlice shall provide a period <br />of not less than 30 days from the date the notice is delivered Dr mailed within wbicb Borrower must pay all sums secured by <br />this Security lnItrument. If Borrower fails to pay these sums prior to lbe expiration of tbis period, Lender may invoke any <br />remedies permitted by this Security Instrument witbout funber notice or demand on Borrower. <br />IL Borrawer'. R1sbt to ReIaUIe. If Borrower meets certain conditions, Borrower shall bave the right 10 have <br />enforcement of Ibis Security Instrument discontinued at any time prinr to tbe earlier nf: (a) 5 days (or sucb otber period as <br />applicable JaWlDIlY opecify for reinstatement) before sale of the Propeny pursuant 10 any power of sale contained in this <br />Security 1nItrumeIIt; or (b) entry Df a judgment enforcin, Ibi. Security Instrument. Those conditions are tb.t Borrower: <br />(.) illY' Under all sum which then wDuld be due under this Security Instrumenl and the Note bad no .....er.tion <br />ix:eurred; (b) CUJ'el any defaull Df any otber covenants or qreemen15; (c) pal" all expenses incurred in enforc:ing Ibis <br />Security Instrument, including. but not limited to, reasonable attorneys' fees, and (d) lakes such action as Lender may <br />..-ably require tD usure that lhe lien of this Security Instrument, Lender's rilbts in the propeny .nd Borrower's <br />obIiption to illY the sums secured by thi. Security Instrument sball continue unchanled. Upon reinstalement by <br />Borrower, tbls Securily Instrument and Ibe obliplionloecured b~y .hall remain fully efl'ecliye as ifno acceleration had <br />oa:urred. However. this riabt tD reinstale lhall not .pply in Ihe cue of acceleralion under par.graphs 13 or 17_ <br /> <br />p;' <br />