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<br />88-106902 <br /> <br />If Lender required mortgage insurance Uti n condition of rraking lh~ loan secured by Ihis Security Instrument. <br />Borrower shall pn~' the premiums required 10 maintain the illsumncc in effect until such lime ns lhe rcquircmenl for the <br />insurance lcrnllnutc~ in accordance with Borrower's and Lender's written agreement or applicable lnw. <br />8. Inspection. Lender or its agenl may make rCllsonnblc entries upon and inspeciions of the Property. Lender <br />shall gi\'c Borrower nolice at the lime of or prior 10 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 condemnnli'1n or olher tnking of any pall of the Properly, or for con\'eyance 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 procecd~ shall be applied to Ihe sums secured by this Security <br />Inslrument. whelher or not then due, with any excess paid 10 Borrower. In the event of a 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 />Ihe amounl of the proceeds multiplied by the following fmction: (n) the lotal amount of the sums secured immediateJy <br />before the taking. divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid 10 Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by lender to Borrower Ihat the condemnor offers to <br />make 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 (0 coUect 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 nol then due. <br />Unless Lender and Borrower otherwise agree in writing, any application ofproct.-cds to principal shall not extend or <br />postpone the due date of the monthly payments referred to in paragraphs land 2 or change the amount of such payments. <br />10. Borrower Not Released; Forbearance By Lender Not a WBi"cr. Extension of the time for payment or <br />modification of amortizalion 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 nol 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 e,,-ercising 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 and agreements of <br />this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security <br />Instrument bUI does not e"-ecute 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 of thi~ Security Instrument; (b) is not personally obligated to pay <br />the sums <:ecured by this Security Inslrument~ 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. If the loan secured by this Securily Instrument is subject to a law which 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 which exceeded <br />permitted limits wiIJ be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed <br />under the Note 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 under the Note. <br />13. Legislation Affecting Lender's Rights. 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 Instrument 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. Notices. Any notice to Borrower provided for in this Security Instrumenl shall be given by delivering it or by <br />mailing it by first c:lass mail unless applicable law requires use of another method. The notice shall be directed to the <br />Propcny Address or any other address Borrower designates by notice 10 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 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. Goyerning Law; Severability. This Security Instrument shall be governed by federal law and the law afthe <br />jurisdiction in which the Property is located. In the event thaI any provision or clause of this Securily Instrument or Ihe <br />Note conflicts with applicable law, such conflict shall not affect 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 Ihe <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of Ihe Note and of this Securily Instrument. <br />17. Transfer of the Property or a Bene6cial Interest in Borrower. If all or any part of the Propeny or any <br />interest in il 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 nol be e,,-ercised by Lender if e"-ercise is prohibited by <br />federal law as of the date of this Security Instrument. <br />If Lender e"-ercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />afnot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay aU sums 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 fun her notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right 10 have <br />enforcement of this Security Instrument discontinued at any lime prior to the earlier of: (a) 5 days (or such other period a!'t <br />applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this <br />Security Imtrument; or (b) entry of a jUdgment enforcing this Securil~' Jnstrument. Those condilions an' that Borrower: <br />fa} pays Lender all sums which then would be due under thiS Securily Instrumenl and the Note had 110 accelerutiun <br />occurred; (h) curo. any default of any olher covenants or agreements; (c) pays nil expense~ incurred in enforcing Ihi!> <br />Seeuril)' InMrumcnt. mcluding. but not limited to, re-dsonnble attorneys' fees; and Cd) tuke~ !ouch aclion !l!t Lender may <br />reu!ounahly require tn Il~'ure that the lien of this Security Instrument. Lender's ngln.. in the Property and Borrower'" <br />obhgnlum 10 pay Ihe 'urn!> ...eeured by this Security Instrurnenl shall contmue unchllngcd llpt11l relll..latemcnl hy <br />Borrn'o\cT. lhl\ St'cunl) In\lrument and the obhgations o;,ecured herehy ..hall remam fully etfel,.'ll\ e .1\ Ifllll :il,.'l,.'l'!t-ra III III had <br />oCl.:uncd I-In",('\('r. 1hl" fight In reinMate "hall not apply III Ihe c:a..c nfal,.'c:defiltltlll under paraJ!l;tph' ] l (If 1- <br />