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<br />88-106285 <br /> <br />If L~ndC'r required mOrlgnge insurance 115 II condition of making the loan secured by this Sc<;urity Instrument, <br />Borrower shnll pny Ihe premiums required \0 muinlnin lhe insurnnce in effect until such time ns the requirement for Ihe <br />insurance terminates in accordance with Borrower's and Lender's written agreement or [Ipplicablc law. <br />8. Inspection. lender or ils ngent mny make rea5Qnnble enlries upon nnd inspeclions of the Property. lender <br />shall give Borrower notice at the lime of or prior to nn inspection specifying reasonable cause for the inspection. <br />9. Condemnation. The proceeds of any award or cloim for damages, direct or consequential, in connection with <br />any condemnation or other taking of nny pari of the Property, 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 be applied to the sums secured by this Security <br />Instrument, whecheT or noc chen due. with any excess paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower and lender otherwise agree in writing, the sums secured by chis Securicy Instrument shall be reduced by <br />the amount of the proceeds multiplied by Ihe following fraction: (al Ihe total nmount of Ihe sums secured immedintely <br />before the tnking, dividcd by (bl the fair mnrket vnlue of the Properly immedintcly before the tnking: Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to <br />make an award or settle n claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is <br />giv~n. 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 monlhly payments referred to in paragraphs I and 2 or change Ihe amount of such pnyments. <br />10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for 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 re;:quired 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; Joint and Several Liability; Co-signers. The covenants nnd ngreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph J 7. Borrower's covenants and agreements shalJ be joint and several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms or this Security Instrument; (b) is not personalJy obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to exte!1d, <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. If the Joan secured by this Security Instrument is subject to a Jaw which sets maximum lonn <br />charges. and that Jaw is finalJy interpreted so that the interest or other loan charges collected or to be collected in <br />connection with the loan exceed the permitted limits. Ihen: (a) any such lonn chnrge shull be reduced by the nmount <br />necessary 10 reduce Ihe charge to the permitted limit; nnd (b) any sums alrendy collecled from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the NOle or by making n direct payment to Borrower. If a refund reduces principal, the reduction will be treated as n <br />partinl prepaymcnt without nny prepayment charge under the Note. <br />13. Legislation Affectlng Lender's Rights. If ennctment or expirntion of applicable Inws hns the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option. <br />muy require immedinte pnyment in full of all sums secured by this Securily Inslrument and may invoke nny remedies <br />permined by paragraph 19. If Lender exercises this option, lender shnll tnke the sleps specified in Ihe second parugraph of <br />pnragruph 17. <br />14. Notil:es. 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 applicabJe law requires use of another method. The notice shall be directed to the <br />Propeny Address or nny other nddress Borrower designates by nolice 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 nOlice to Borrower. Any notice <br />provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided <br />in this pnragraph. <br />15. Goyemlng La.., Severability. This Security Instrument shall be governed by federal law and Ihe Inw of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the <br />NOle confticts with npplicnble Inw, such conftict shall not nffecl other provisions of this Security Instrumenl 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 ore declared to be severable. <br />16. Borrower's Copy. :lorrower shall be given one conformed copy or the Note and of this Security Instrument. <br />17. T~ftlfer of the Property or a Benefl~ial Interest in Borrower. If all or any part of the Property or any <br />interest in it is sold or lrtmsf~rred (or if 0 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 />secured by this Security Instrument. However. this option shalJ not be exercised by Lender if exercise is prohibited by <br />federal law as oflhe date of this Security Instrument. <br />If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the dale the notice is deHvered 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 invoko: any <br />remedies permitled by this Security Instrument without further notice or demand on Borrowcr. <br />18. Borrower'. Rlaht 10 Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have <br />enforcement afthis Security Instrument discontinued at any time prior to tht: ('arlier of: (a) 5 days (ar such other period us <br />applicable law may specify for rcinstatemenl) berore sale of the Property pursuant to any power of sale conlained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditinns arc thai Borrower: <br />.en) pays lender aU sums which then would be due under this Security Inslrument and the Note had no acceleration <br />Ol;C'urrcd; (b) cures any default of any other covenants or agreements; (c) pays all expenses. incurred in enforcing this <br />Security Instrument. including. but not limited to. reasonable attorneys' fees: and (d) lakes such action as I.ender mllY <br />reasonably require to assure that the lien of this Security Instrument, Lender's righls in the Property Ilnd Uorro.....er.... <br />obligation 10 pay Ihe sums ~ured by this Security Instrument shall conlmue unchanged. Upon rci"..llllemeltl hy <br />Borrower. Ihl" Security Instrument and the ohligations secured hereby shall remain fully etlrcll\'C 11~ if IhlllC""t'Il'tlltllln had <br />occurred. lInwever. thiS nght to reinstate shall nol apply In the case nfaccdcralltln under rarn~rlIph.. 11111 I" <br /> <br />d'. <br />