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<br />88- 106989 <br /> <br />If Lender required mortgage insurance as a condition of making the loan secured by this Security Inslrumenl, <br />Borrower shall pay the premiums required to maintain the insurance in tWeet until such time as the requirement for the <br />insurance terminates in accordance whh Borrower's and Lender's wriUen agreement or applicable !d.W. <br />8. Inspection. Lender or iiS agent may make reasonable enlries upon and ins~.ions of Ihe Property. Lender <br />shall give Borrower notice atlbeliine ofor:"ri"r to an inspection specifying reasonable cause for the inspeclion. <br />9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in conneclion with <br />any condemnation or olher laking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall be paid 10 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 />Inslrument, whether or nolthen due, wilh any CJlCCSS paid to Borrower. In the event of a partial laking of the Property, <br />unless Borrower and Lender olherwise agree in writing, the sums secured by this Security Instrument shall be reduced by <br />Ihe amount of the proceeds multiplied by the following fraclion: (a) Ihe lotal amount of the sums secured immedialely <br />before Ihetaking, divided by (b) the fair market value of Ihe Property immedialely before the taking. Any balance shall be <br />paid 10 Borrower. <br />If the Property is abandoned by Borrower, or if. after nOlice by Lender to Borrower thatlhe condemnor olreIS to <br />make an award or seule a claim for damages, Borrower fails to respond to Lender wilhin 30 days after the date Ibe notice is <br />given, Lender is authorizea to collect and apply the proceeds, at its option, either 10 restoration or repair of the Property or <br />to Ihe 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 CJltcnd or <br />postpone Ihe due date of Ihe monthly payments referred to in paragraphs I and 2 or change Ihe amounl of such payments. <br />10. Borrower Not Releaaed; ForbcaraDce By Lender Nol a Waiver, Extension of the time for paymenl or <br />modification of amortizalion of the sums secured by this Security Instrumenl granted by Lender to any successor in <br />inlerest of Borrower shall not operate 10 release the liability of the original Borrower or Borrower's successor.; in interesl. <br />Lender shall not be required to commence proceedings against any successor in interest or refuse to CJltcnd time for <br />payment or otherwise modify amortization of the sums secured by Ihis Security Instrumenl by reason of any demand made <br />by the original Borrower or Borrower's successoIS in interest. Any forbearance by Lender in exercising any rigbl or remedy <br />shall not be a waiver of or preclude tbe CJlerclsc ohny righl orremedy. <br />II. SU_IS and AsliJlOS Bound; Joint and SeYeralliabilily; Co-sipen. The covenants and agreements of <br />Ihis Securily Instrument shall bind and bcncflllhe successor.; and assigns ofLcnder 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 Security <br />Instrument but does not execute Ibe Note: <a) is co-signing Ihis Security Instrument only 10 mortgage, grant and convey <br />that Borrower's interest in Ihe Property under the tenus of Ihis Security Instrument; (b) is not persona1ly obligaled to pay <br />the sums secured by this Security Instrument; and (c) agrees that Lender and any olher Borrower may agree to extend, <br />modify, forbear or make any accommodations wilh regard to the terms of this Security Instrument or the Note without <br />that Borrower's consenl <br />12. Loan Charges. If Ihe loan secured by this Securily Instrument is subject to a law which sets maximum loan <br />charges, and that law is finally interpreted so thai the interest or olher loan charges collected or to be collected in <br />connection wilh the loan exceed the permilled Iimits~ then: (a) any such loan charge shall be reduced by the amount <br />neeessary to reduce the charge to the permiUed limit; and (b) any sums already collected from Borrower which excccdcd <br />permilled limits will be refunded to Borrower. Lender may choose 10 make this refund by reducing the principal owed <br />under the Nole or by making a direcl payment to Borrower. If a refund reduces principal, the reduclion will be trealed as a <br />partial prepayment without any prepayment charge under the NOle. <br />13. Legislation Alfectinll Lender's Riah". If enactment or expiration of applicable laws has the e1fecl of <br />rendering any provision of the NOle or this Securily Instrumenl unenforceable according to its lerms. Lender, at its option, <br />may require immediate paymenl in full of all sums secured by this Security Inslrument and may invoke any remedies <br />permiued by paragraph 19. If Lender exercises Ihis oplion, Lender shall lake Ihe steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Securily Instrument shall be given by delivering it or by <br />mailing it by first class !nail unless applicable law requires use of another method. The nOlice shall be direcled to the <br />Property Address or any other address Borrower designales by notice 10 Lender. Any notice to Lender shall be given by <br />first class mail II' Lender's address stated herein or any other address Lender designates by nOlice 10 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 />IS. Go,ernlng Law; Senrablllty. This Security Instrument shall be governed by federal law and Ihe law ofthe <br />jurisdiction in which the Property is located. In the evenl that any provision or clause of this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not aITect olher provisions of this Security Instrument or the Note <br />which can be given elrecl wilhoullhe conflicting provision. To Ihis end Ihe provisions of this Security Inslrument and the <br />Note arc declared 10 be severable. <br />16. iIorrower's Copy. Borrower shall be given one conformed copy of Ihe NOle and of this Security Instrumenl. <br />17. Transfer of tbe Property or a Beneftelallnterest In Borrower. If all or any part of the Property or any <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 />peISon) without Lender's prior wriUen consent, Lender may, al its oplion, 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 dale ohhis Security Instrument. <br />If Lender CJlercises this option, Lender shall give Borrower nolice of aeeeleration. The notice shall provide a period <br />of not less than 30days from the dale the notice is delivered or mailed wilhin which Borrower must pay all sums secured by <br />this Securily Instrument. If Borrower fails to pay Ihcsc sums prior 10 the expiralion ofthis period, Lender may invoke any <br />remedies pcrmilled by Ihis Security Instrumenl withoul further notice or demand on Borrower. <br />Ill. Borrower's Riaht 10 Reinstate. If Borrower meets cenain conditions, Borrower shan have the righl to have <br />enforcement oflhis Security Instrumenl distontinued at any time prior to the earlier of: (a) S days (or such olher period as <br />applicable law msy specify for reinstatement) before sale of the Propeny pUISuantlo any power of sale contained in Ihis <br />Securily Instrumenl; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are Ihal Borrower: <br />(a) pays I.cnder all sums which then would be due under Ihis Securily Instrumenl nnd the Note had no acceleration <br />occurred; (b) cures any defaull of any other covenants or allrecmenls; (c) pays all expenses incurred in enforcing this <br />Security Instrument, including, bUI not limiled 10. reasonable attorneys' fees; and (d) lalces such action as I.cnder may <br />reasonably require to assure that the lien of Ihis Security Instrumenl, Lender's rights in the Property and Dorrower'. <br />obligalion to pay the sums sc<:ured lly Ihis Security Instrumenl shall continue unchanged. Upon reinslalement by <br />Borrow~r. Ihi,. Secufit)' Instrument and the oblilllions ieCural hereby shall remain fully effective as If no accclcralion had <br />occurred However, thi~ right to reins.ate shall nOl8pply 1n the case ofaccelc:ration under paragraph~ 13 or 17 <br /> <br />\.. .~ <br />