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<br />88- 106517 <br /> <br />If Lender required mortgage insurance 115 a condition of making the loan secured by Ihis Security Instrument. <br />Borrower shall pay the premiums required to mainlnin the insunmce 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 Jaw. <br />8. Inspection. Lender or its agent may make reasonable entries upon and inspections of 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. Condemnation. 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 Froperty, 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 shell be applied to the sums secured by this Security <br />Instrument, whether or not then due, with any excess paid to Borrower. In the event ofa partial tnk.ing orthe 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 secured immediately <br />before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if. after nolice by Lender to Borrower that the condemnor offer:s to <br />malee 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 writing, any application of proceeds to principal shall not extend or <br />postpone the due date ofthc: monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <br />10. Borrower Nol Released; Forbearance By Lender Nol a ""siver. 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 ariginal Borrower or Borrower's succc:sso~ in interest. <br />Lender shall nol be required to commence proceedings against any successor in interest or refmc 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 aDd Assigns Bound; Joint and Several Liability; Co-signers. The co\,enants and agreements of <br />this Security Instrument shall bind and benefit the successo~ and assigns of Lender and Borrower, subject to the prmisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and' several. Any Borrower who co-signs this Security <br />Instrument but does not execute the Note: (a) is CD-signing this Security Instrument only to mongage. grant and convey <br />that Borrower's interesl in the Property under the terms of this Security Instrument; (b) is not persona])y obligated to pay <br />the sums secured by Ihis Security Instrument; and (c) agrees thai Lender and any other Borro,,'er may agree to extcod, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note 1iIoithout <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets max.imum loan <br />charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coJ]ectc:d in <br />connection with the Joan exceed the pennitted limits, then: (a) any such loan charge shall be reduced by the amount <br />necessary to reduce the charge to the pennitted Iimil; and (b) any sums already collected from Borrower which C'xceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make Ihis refund b!o' reducing the principal owed <br />under the Note or by making a direct payment to Borrower, If II refund reduces principal, the reduclion \10;11 be: tTC:3ted ~ a <br />panial prepayment without any prepayment charge under the Note. <br />13. Legislation Affccring Lender's Rights.. If enaclment or expIration of applicable la1ilo"S has the effect of <br />rendering any provision of the Note or this Security Instrument unenforceable according 10 it5 term~ Lender. at its option, <br />may require immediate payment in full of all sums secured by Ihi~ Sccunt)' Instrument and may in\loke aD!o' remedies <br />permitted by paragraph 19. [fLender exercises this option, Lender shan take the steps specified in the !>econd paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Securily Instrumenl !thall be given by deh,,'r-nng It or by <br />mailing it by first class mail unless applicable law requiro use of another method. The notic~ !than be dHl:cted to the <br />Property Address or any other address Borrower designates by notice: to Lender. An)' notice to Lender ~haI1 be given by <br />first class mail to Lender's address stated herein or any other address Lender dcsignato by notice to Borrower. Any notice <br />provided for in this Security Instrument shall be: deemed to have been given to Borrower or lender when gi"'co a!I. prm;ded <br />in this paragraph. <br />IS. Go,ernIng Law; Senrability, This Seeunt)' Instrument shall be governed by federal law and the law of Ihe <br />jurisdiction in which the Propeny is located. In the e\'ent that any provision or c1au!.e of thi!> Security Instrument or (he <br />Note conflicts with applicable law, such conflict shall not llffecl other provi!<ttons of thl!. Seeurily Instrument Dr the Note <br />which can be given effect without the conflicting provision. To thiS end the provI!tlom of lhi!t Secunl)' Instrument and the <br />NoLe are declared to be: severable. <br />16. Borrower's Copy.. Borrower shall be given one conformed copy of the Note and of thl!oo Sc:c:unl)' Inslrument. <br />17. Transfer of the Property or B Beneficlallnleresl In Borrower. If all or anl part of the Property or an)' <br />interesl in it is sold or transferred (or if a beneficial interest in Borrower is !.old or transferred und Borrower 1'" nol a nalural <br />person) withoU1 Lender's prior wrillen consent, Lender may. at ils option, require immed18te payment In full of all sum!. <br />secured by this Security Inslrument. However. thi!t opllo" !!.hall nol be exerci!<oed b)' Lender If C'xcrcl!te is prohihned by <br />federal Jaw as orthe date of this Securi1y Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of accelerutlOn. The nut Ice !<ohall prm'ide a penud <br />of no I less than 30 days from the date the notice IS delivered or mailed within which Borrower must puy all...um!. !<ot:Cured h~' <br />this Security Instrument. If Borrower fnils to pay these sum!!. pnor to the expIratIOn of Ihl!oo penod. Lender may in1Juke any <br />remedies pennitted by Ihis Secunty Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meeb certam condition!!., Borrower !oolmll huve Ihe nght to havc <br />enforcement of this Security Instrument discontinued al any' time prior to the carher of: (a) 5 day!. for such other penod Ll!t <br />applicable law may !t.p:cify for reinstalementJ before saIl: of thl: Property pursuam to un)' power of ule L:llnlamcd in thi", <br />SecurilY Instrument; or (b) entry of a Judgment enforcing thi", Security In!otrumenl Th{l",e condltiom. are lhat Borrower' <br />(0) pays L-..nder aU sum" which then would be due under Ihl5 Security Instrument and Ihe Note had no acceleration <br />occurred; (b) curo any default of any other covenant!oo or agreement!.; (c) pay~ all e:\pc""e!oo IIIcurred In enforCing thl!oo <br />Secunt)' Instrumenl. mcluding. but nOl hmited 10, rensonuble attorneys' feo; and ld) tllh... ..uch acllon a!<. Lender ma) <br />rew.onably requITe to Il!t!ture thai the hen of Ihl!!. Security In!otrument, Lender'.. nghl~ m the Prilpert~ and Horro\l.c:r'.. <br />obhgollOn 10 pa)' the !tum!o !occured by thl~ Secunty In!olrUmenl ..hall l:Oll1lDut: unchl1n!tcd L'pilll rCIIl..talcmelll h) <br />Borrower. lhl!. Sec:unl)' In!olrumenl and Ihe IlbhgatliJfI:o I.oe.ured hereb) ..hall remain full) cIT["L'lr~'l" a.. If 1111 lIl'o.:clnatlllll had <br />nccurred Hm\i('l'er.lhl!o nghtto remslBI[,,!o.hall nOll1pply 1JJ the (u..ellfiH:cdcratlllTl undcl pltritl!Taph.. I' 'II 1"7 <br />