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<br />88- 106461 <br /> <br />If .Lender required mortpac: insurance as a condition of maleing the Joan secured by this Security Instrumen4 <br />Borrower shall pay the premiums required to maintain the insurance in ctl'cct 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,; lupedfon. Lender or its agent may make rea50llDblc eDuies upon and inspections of the Property. Lender <br />shoJI give Borrower notice al the time of or prior to an inspection specifying reasonable cause for the inspection. <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 pan of the Property, or for conveyance in lieu of condemnation, are hereby <br />ossigned and shaIJ 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 />Instnunent. whether or f.ot then due. with any excess paid to Borrower. ]n the event of B partial taking of the Property. <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 !lfCured immediately <br />before the talcing. divided by (b) the fair market value oftbe Property immediately before the taking. Any balanee shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, &fter notice by Lender to Iiorrower that the condemnor offers to <br />make an award or settle 8 claim for damages. Borrower fails to respond to Lender with.n 30 days after the date the notice is <br />giver, Lender is ::!utboriz.ed to collect and apply the proceeds. at its option. either to restomtion or repair of the Propeny 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 shaD 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 Releued; Forbearance By Leader 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 amortization oflhe sums secured by this Security Instrument by reason of any demand made <br />by the original Borrower or Borrowers 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. SucaIIOrI ODd Aulgna Bouad; Joint and s...ra1 Liability; Co-slgn.n. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns.ofLender and Borrower, subject to the provisions <br />of paragrapb 17. Borrower's covenants and agreements shall be joint and ,",vera!. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (8) is co--signing this Securiry Instrument only to mongagc, grant and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personaDyobligated 10 pay <br />the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower may agree 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. I.IIu CIwlleL If the loan secured by tbis Security Instrument is subject to a law whieh 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 permitted limit; and (b) any sums already collected from Borrower wbieh exeeeded <br />permitted limits will be refunded to Borrow.er. Lender may choose to make this r.o:fund by reducing the principal awed <br />under the Not!: or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a <br />partial prepayment withnut any prepayment charge under the Note. <br />13. .LqIaI&lIoa Alfectlnl ....nder.. RJPII. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its tenos, 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 />permitted by paragraph 19. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notit:t:l. 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 of flnother method. The notice sball be directed to the <br />Property Address or ony other address Borrower designates by noliee 10 Lender. Any notiee to Lender sh.1l be given by <br />first class mail to Lender's addreu stated herein or any other address Lender designates by notice to Borrower. Any notice <br />provided for in this Security Instrument shan be deemed to have been given to Borrower or Lender when given as provided <br />in this paragraph. . <br />15. Go..mInl LaW; S...rablllty. This Security Instrument shall be governed hy federal law and the law of the <br />jurisdiction in which the Propcny is located. In the event that any pro\'ision or clause of this Security Instrument or the <br />Note confticts with applicable law. such conflict shall not affect other provisions of this Security Instrument or the Note <br />which can be given cft'ect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />No.e are d<elared to be severable. <br />lfii. Borrower'. Cop". Borrower shall be gillen one conformed copy of the Note Bnd of this Security Instrument. <br />17. Tranof.r or the Properly or . Bea.lidalloterat In Borrower. If all or any part of tbe Property or .ny <br />interest in it is sold or transferred (or if a beneficia) 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 fun of all sums <br />secured by tbis Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />tr Lender exercises this option, Lender shall give Borrower notice of acceleration. The nolice shaH provide a period <br />of klot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay aU :'iiums 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 funher notice or demand on Borrower. <br />11. Borrower', Rlpt to Rel.utate. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement oftbis Security Instrument discontinued at Iny time prior to the earlier of: (a) S days (or such other period as <br />appJicable law may specify for reim.tatement) before sale of the Propeny pursuant 10 any power of Slle contained in this <br />Sc:curity Imtrumenl; or (b) entry of a judlmenl enforcing this Security Instrument. Thme conditions arc thai Borrower: <br />(I) pIIys Lender all luml which then would be due under this SeeurilY Instrument and the NOle had no &cccleration <br />occurred; (b) cures Ilny default of any other covenants or agreements: Cc) pays .11 expenses incurred in enforcing thi5 <br />Security Instrument, including. but not limited to. reasonable anorneys' fee: and Cd) takes such aclion as Lender may <br />reasonably require to assure that the lien of this Security Instrument. Lender's nRhts in Ihe Propeny and Borrower's <br />obliption to pay the sums secured by this Security Instrument shan continue unchanged. Upon remstalemenl by <br />Borrower. this Securily Instrument and the obligations secured hereby shalJ remam fully effective as If no acceleral10n had <br />occurred. However. this n&hlto reinstate shan not apply in the caLC! of accelera1ion under paragraphs 1 J or 17 <br />