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<br />88- 10e231 <br /> <br />If Lender required mortgage insurance as n condition of making the lonn 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 terminates in accordance with Borrower's and Lender's written agreement or applicable law. <br />8. Inspection. Lender or its agent may make reasonable enlries upon and inspections 01 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. Condem~ation. The proceeds of any award 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 shall be paid to Lender. <br />In the event 01 a total taking 01 the Property. lhe proceeds shall be applied to the sums secured by this Security <br />Instrumenl, whether or nOlthen due, wilh any excess paid to Borrower, In the event of a partial laking of the Property, <br />unless Borrower and Lender otherwise agree in wriling, Ihe sums secured by this Security InSlrument shall be reduced by <br />the amounl ollhe proceeds mulliplied by the lollowing Iraclion: (a) the total amount 01 the sums secured immediately <br />bel ore the laking, divided by (b) the lair market value 01 the Property immediately belore the laking. Any balance shall be <br />paid to Borrower. <br />IIlhe Property is abandoned by Borrower, or il. alter notice by Lender to 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 afier 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 />poslponelhe due date 01 the monthly paymenls reI erred to in paragraphs I and 2 or change the amount 01 such payments, <br />10, Borrower Not Released; Forbearance By Lender Not a Waiver. Exlension of the time lor payment or <br />modification of amortization 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 amortization of the 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 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; Joln1 and Several Liability; Co,signers. The covenants and agreements 01 <br />this Securily Instrument shall bind and benefit the successors and assigns olJ,.ender and Borrower, subject to the provisions <br />olparagraph 17. Borrower's covenants and agreements shall bejoint and several, Any Borrower who co-signs this Security <br />Instrument but does nO! e.ecute lhe Note: (a) is co-signing lhis Security Instrument only to mortgage. granl and convey <br />thai Borrower's interesl in the Property under the terms 01 this Security Inslrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and 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 />that Borrower's consent. <br />12. Loan Charges. II the 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 loon charges collected or to be collected in <br />connection with the loon e.ceed the permiued limits, lhen: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the permilled limit; and (b) any sums already collected Irom Borrower which exceeded <br />permilled limits will be relunded to Borrower. Lender may choose to make this relund by reducing the principal owed <br />under Ihe Note or by making a direct payment to Borrower. II a relund reduces principal, the reduction will be lreated as a <br />parlial prepaymenl without any prepaymenl charge under the Note. <br />13. LegIslation Affecting Lender'. Righi.. If enaclmenl or expiration 01 applicable laws bas the effect 01 <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 Instrumenl and may invoke any remedies <br />permilled by paragraph 19. II Lender e.ercises this option. Lender shall take the steps specified in the second paragraph 01 <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by <br />mailing it by first class mail unless applicable law requires use 01 anolher method. The notice shall be directed to the <br />PrOperly Address or any other address Borrower designates by notice to Lender, Any notice 10 Lender shan be given by <br />first class mail to Lender's address Slated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided lor in this Security Instrument shall be deemed to have bccn given to Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shan be governed by federal law and the law 01 the <br />ju.isdiction in which the Property is located. In the event that any provision or clause of this Security Instrumenl or the <br />Note conflicts with applicable law, such conflict shall not aWect other provisions of this Security Instrument 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 />NOle are declared to be severable. <br />16. Borrower's Copy. 8o:Tower shall be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of tbe Property or a Beneficiallnlerest In Borrower, 11 all or any part of the Property 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 written consent, Lender may. at its option. require immediate payment in full crall sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />lederallaw as oflbe date olthis Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />olnol less lhan 30 days Irom the dale the notice is delivered or mailed wilhin which Borrower must pay all sums secured by <br />this Security Instrumenl. 11 Borrower fails to pay these sums prior to the e.piration of this period, Lender may invoke any <br />remedies permitted by Ihis Security Instrument without further noLice or demand on Borrower. <br />18. Borrower's Right to Reinstate, If Borrower mccts certain conditions, Borrower shall have the right to have <br />enforcement arthis Securi'ly Instrument discontinued at any time prior to the earlier of: (0) 5 days (or such other period as <br />applicable law may specily lor reinstatement) before sale of the Property pursuant to any power 01 sale contained in this <br />Security Instrument; or~) entry of ajudgmenl enforcing this Security Instrument, Those conditions arc 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 covcnants or agrcementsj ec) pays all expenses incurred in enforcing this <br />Securily Instrument. including, but not limited to, reas-anable attorneys' fees; and (d) takes such aclion as lender may <br />reasonably require to assure Ihat the lien of this Security Instrument. Lender's rights in the Property and Borrower's <br />obligation 10 pay the sums secured by this Security Instrument shall continuc unchang~d. Upon reinSlatement by <br />Borrower, this Security Instrument Bnd the obligations Se(:ured hereby shall remain fully effective as ifoo acceleration had <br />occurred. However. Ihi!!> righllo reinstate shall not apply in the case of accel~ralion under parngraphs I J or 17 <br /> <br />J <br /> <br />,'. ('I' <br />t. i' ~ <br />