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<br />88_106790 <br /> <br />Ir Lender required mortgagt insuranco:! al a condition of making the loan secured by Ihis Security Instrument, <br />Borrower shall PlY the premiuml required to maintain the insurance in effect until such lime as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's wrillcn agreement or applicable law. <br />8. Inspecllon, Lender or its Dgcnt may make reasonable entries upon and l"speelleDs uf the Property. Lender <br />shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspeedoD. <br />9. Condemnation. The proceeds of Bny 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, 8rc hereby <br />assigned and shall bt. paid to Lender, <br />In the event of s lotal taking of the Propeny, the proceeds shall be applied to the sums s<cured by this Security <br />Instrument, whether or not then duc, with any excess paid to Borrower. In the event of a panial taking or the Property, <br />unless Borrower and Lender otherwise agree in writing, the sums secured by Ihis SecurilY Instrumenl shall be reduced by <br />the amount of the proceeds mulliplied by the following fraclion: (a) the lotal smounl of the sums secured immediately <br />before the laking, divided by (b) the fsir markel value of tbe Propeny immediately before the Isking, Any balance shall be <br />paid to Borrower. <br />If the Property is abandoned by Borrower, or if, aner nOlicc by Lender to Borrower that the condemnor oWers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days aftcr the d&tc the nolice 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 Lrnder and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the due dale of the monthly payments referred to io paragraphs I aod 2 or change Ihe smount of such paymenls, <br />10. Borrower Not Released; Forbearance By Lender Not. 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 iiucccssor in <br />interest of Borrower shall not operate to release the liability orthe 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 nol be a waiver of or preclude the exercise of any right or remedy. <br />11. Succeuors and ABllIJlD8 BouDd; Joint and Several Lisbillty; Co-slgoers. The covenants and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns ofLcnder and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covcoants and agreements shall bcjoint 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 />thai Borrower's interest in the Property under the terms of this Securily Instrument; (b) is not personally obligated to pay <br />the sums secured by this Security Instrumentj and (e) agrees that lender and any other Borrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the teons of this Security Instrument or the Note without <br />that Borrower's consent. <br />11. Loin OIarges. If the loan secured by this Secnrity Instrument is subject to slaw which selS maximum loan <br />chsrges. aod Ihat law is finslly interpreted so that the inlerest or other losn charges collected or to be collected in <br />conneclioo wilb the Josn exceed the pennitted limits, then: (a) any suc.h loan cbsrge shall be reduced by Ihe smoun' <br />necesssry to reduce the charge to lhe permitted limit; and (b) any sums already collected from Borrower which exceeded <br />permitted limitt will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Notc 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 uoder the Note. <br />13. Legislalion Affecting I..euder's Rigbts. If enactment or expiration of applicable laws has the df'cct of <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 Instrument and may invoke any remedies <br />permitted by paragraph 19. If Lender exercises Ihis option. Lender shalllske the steps specified in the second paragraph of <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 of another method. The nolice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be giveD by <br />first class mail to Lender's address 'itated herein or any other address Lender designates 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 given as provided <br />in this paragraph. <br />15. GovemlDg Law; Severability. This Security Instrument shall be governed by federallsw snd Ihe law of the <br />jurisdiction in which the Propeny is located. In the event that any provision or clause of this Security Instrument or the <br />Note confticts with applicable law, 5uch conflict shall nol affect other provisions oitbis Security Instrument or the Note <br />which can be given df'ect without the: confticting provision. To this end the provisions of this Security Instrument and the <br />Nole are declared 10 be severable. <br />16. Borrower's Copy, Borrower shall be given one conformed copy of Ihe Note snd of tbis Security Instrument, <br />17. Transrer or the Property or a BeDeflciallDterest iD Borrower. If all or sny pan of the Propeny or sny <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 of all sums <br />secured by this 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 InstrumenL <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 date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Security Instrument. IfBorrowcr fails to pay these sums prior 10 the expiralion of this period. Lender nlay invokl' any <br />remedies permitted by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower'. Right 10 ReiDsbte. If Borrower meets certain conditions. Borrower shall have the right to have <br />enforcement oflhis Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale of the Properly pUriUanl to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this SecurilY 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 ddault 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) takes such action as Lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in Ihe Property and Oor"rower's <br />obliption to pay the sums secured by this Security Instrument shall conlinue unchanged. Upon reinstatement by <br />Borrower. thil Security Instrument and the obligations secured hereby shall remain fully effective as If no acceleration had <br />occurred. However, Ihis right to reinstate shall not apply in the case of acceleration under paragraphs I J or 17 <br />