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<br />88-. 1:88'''5 <br /> <br />If lender required mongage Insurance as D condition of making the loan secured by this Security Instrument. <br />Borrower shall pay the premiums required to maintain the insurance In effect until such time as the requirement for tbe <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable Jaw. <br />8. Inspection. Lender or its ageDI may make reasonable entries upon and inspections of the Property. Lender <br />shall give Borrower nOlice at the time of or prior to an inspection specifying rensonable cause for the inspeclion. <br />9. Condemnation. The proceeds of any award or claim for damages. direct or consequential. in connection with <br />nn)' condemnation or other taking or any part of the Property. Of for conveyance in lieu of condemnation. are hereby <br />assigned and shall be paid to Le.nder. <br />In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by Ihis Security <br />Instrument, whether or not then due, with any ex~css paid to Borrower. In the event of a partial taking of the Property, <br />unless Borrower ond 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 totol amount of the sums secured immediately <br />before the taking, divided by (b) the fair market value of the Propeny immediately brfore the laking. 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 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 of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. <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 SUCCe5."iors 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 othenvise modify amonization 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 forhearance 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 and agreements of <br />this Security Instrument shall bind and benefit tlie successors and assigns of Lender and Borrower, subject to the provisions <br />of paragraph 17. Borrower's covenants and agreements shall bejoint and several. Any Borrower who co-signs this Securily <br />Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, gran{ and convey <br />that Borrower's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, <br />modify, forbe-elr 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 Security 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 10 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 (0 reduce the charge to Ihe permitted limit; and (b) any sums already collected 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 Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the eOect of <br />rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, 01 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 Instrument shall be given by delivering it or by <br />mailing il by first class mail unless applicable law requires use of another melhod. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to lender shan be given by <br />first class maiJ 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 10 Borrower or Lender when given as provided <br />in this paragraph. <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law 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 />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 the <br />Note Ci.re declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note Bnd of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any <br />interest in il is sold or transferred (orifa beneficial interesl in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, Lender may, at it~ option, requirc immediatc payment in full of all sums <br />secured by this Security Instrument. However, this oplion shall not be exercised by Lender if exercise is prohibited by <br />federal law as of the 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 date the notice is delivered 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 invoke any <br />remedies permitted by this Security Instrument without further 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 Ihis Security Instrument discontinued at any lime prior to the earlier of: (0) 5 days (or such other period as <br />applicable law may specify for reinstatement) before sale ofthe Property pursuant to any power of sale contained in this <br />Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those condilions are that Borrower: <br />. (a) pays Lender all sums which then wouid be due under this Security Instrument and the Nole had no accderation <br />occurred~ (b) cures any default of any other covenants or agreements; (c) pays nil expenses incurred in enforcing this <br />Security Instrumenl, including, but not limited to, reasonable attorneys' fees; and (d) lakes such action as lender may <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights in the ProperlY and Borrower's <br />obligation 10 pay Ihe sums secured by this Security Instrumenl shall conlinuc unchanged. Upon rein!ol:l1ement by <br />Borrower. Ihis Security InMrument and the obligations secured hereby shllll remain fully effective as ifnn nccclefUtlun hud <br />occurred. However, this righl to reinstate shall not apply in the case of acceleration under paragraph.. Illlf 17 <br /> <br />.iY,..~.~ <br />, . . <br />