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87-101269 <br />if Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance ir effect until such time as the requirement for the <br />insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. <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. director consequential, in connection with <br />any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />assigned and shall he paid to Lender. <br />In the event of a total taking o f t he Property, the proceeds shall 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 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 />the amount of the proceeds multiplied by the following fraction: ta) 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 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 thesums secured by this Security Instrument. wheiheror 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 1 and 2 or change the amount of such payments. <br />10. Borrower Not Released, Forbearance By Lender Not a Raiser. 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 Borrowers successors in interest. <br />Lender shall not be required to commence proceedings against any successor in interesi 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 not be a waiver of or preclude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several WNW. 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 but does not execute the Note: (a) is co- signing this Secunty Instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Securty 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 />modifv, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />5 <br />that Borrower's consent. <br />12. Loan C7targes. 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 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 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 he treated as a <br />partial prepayment without any prepayment charge under the 'vote. <br />' <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />!? - <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 Secunty Instrument and may invoke any remedies <br />-m <br />permitted by paragraph 19. If Lender exercises this option. Lender shall take the steps specified to the second paragraph -A <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering i *. or by <br />mailing it by first class mail unless applicable law requires use of another method- The notice shall he directed it, the <br />Property Address or any other address Borrower designates by notice to Lender_ Any notice to Lender shall be given b<- <br />first class mail to Lender's address stated herein or anv 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. Governing Law; Severability. This Security Instrument +hall 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 shalt not affect other provisions of this Security Instrument or the Note <br />which ca:i be given effect without the conflicting provision_ To this end the provisions of this Security Instrument and the <br />Note are declared io be severable. <br />16. Borrower's Copy. Borrower shall he given one coinformed copy of the Note and of this Secunty instrument <br />V. Transfer of the Property or a Beneficial Interest in Borrower. If all or any pan of the Property or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is cold or transferred and Borrower is not a natural <br />person) without Lendcrs prior written consent. Lender may. at its option, require immediate payrncm in full of ail sums <br />secured by this Security Instrument. however, this option shall not he exercised by Lender if exercise is prohibited by <br />federal tawa softh ,bateofthis_ieritntvInstrument <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 xt hich Borrower must pay all sums secur d 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 perm tied by this Security Instrument without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain cond€tions, Borrower shall have the nghi it) have <br />enforcement of this Security Instrument discontinued at any time prior it) the earlier of ta) 5 days (or such other period, a, <br />applicable law .nay specify for reimtatement) before sale of the Property pursuant to any power of sale contained in this <br />Security lnstrrment; or (b) entry of a judgment enforcing this Security In rumcni Th+nc conditions arc that ikrrower <br />(a) pays tender all suns which then would be due under this Secunr. Im,tru rent and the Note had no acralerauon <br />occurred. (b) cures any default od :;ny other covenants of agreements (c) pays 411 exlwmcs incurred in enforcing thrs <br />5ecunr. hinuwnent, including, but not limited to. reaumableattorney,' ;=tih, and (d) takes such annul a, Lender may <br />reasonably r'equnre io assure that the lien of this Security lnsrn„ent. Lender', right, in the 1'ropcity and Borrower', <br />obligation ii+ pay the summs secured by this Security It ;arurnent ,hail continue unchanged ( pon reinstatement by <br />Borniwer, this srcurn) Instrument and the obhganom secured herehv shall remain fully col Ynve a, it 1111 a,-et`10311011 had <br />vcitrred 11 ,.+c °.cr. this right to reurstaleshall not apph to the case -1f dcceletattlui Mohr V:Oaoaphs 1 1 r 1' <br />