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87--102312 <br />Be"*If Candor required mortgage insurance as a condition of making the loan secured by this security Instrument, <br />— ahW Pay the Premiums required to maintain the insurance in effect until such time as the requirement for the <br />r iat:urance terminates is accordance with Borrower's and Lender's written agreement or applicable law. <br />g. !•apeMea• Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall <br />11" Bartow Mies at the time of or prior to an inspection specifying reasonable cause for the inspection. <br />9• • The proceeds of any award or claim for damages, direct or consequential, in connection with any <br />condemnation of other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned <br />and shW be paid to 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 />Instri meat, whahar or rot then due, with any excess paid to Borrower. In the event of a partial taking of the Property, <br />uRkes Borrower and Lender Otherwise Wee in writing, the sums secured by this Security Instrument "I be reduced by the <br />amount of,the proceeds muhiplied by the following fraction: (a) the total amount of the sums secured immediately before the <br />taking, divided by ro) the fair market value of the Property immediately before the taking. Any balance shall be paid to <br />Borrower. <br />If the Property is adandoned by Borrower, or if• after notice by Lender to Borrower that the condemnor offers to <br />Stake as 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 err repair of the Property or <br />to the slmu secured by this Security Insturent, 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 />I!. Borrower Not Relow, ; I`orbeanace By Lender Not a Waiver. Extension of the time for payment or modification <br />of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower <br />shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be <br />required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify <br />amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or <br />Borrower's successors, in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or <br />Preclude the exercise of any right or remedy. <br />11. Sneewon and Assigns Bound; Joint and several UabMlly; Co-signers. <br />Security Instument shall bind and benefit the successors and assigns of Lender nd Borrower, subjectdto agreements <br />he provisions of <br />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 Security Instrument only to mortgage, grant and convey that <br />Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the <br />sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, <br />forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that <br />Borrower's consent. <br />12. Low Charges. If the loan secured by this Security Instrument is subject to a law which sets maximu lo <br />with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to <br />m an <br />charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection <br />reduce <br />the charge to the Permitted limit; and (b) any sums already collected from Borrower which exceeded Permitted limits will be <br />refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making <br />a direct payment to borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wihout any <br />Prepayment charge under the Note. <br />13, I.agialUME Agee ft Leader's Rights. If enactment or expiration of applicable laws has the effect of rendering any <br />Provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require <br />immediate Payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by <br />Paragraph 19, If Lender exercises this option, Lender shall take the steps specified in the second ar rah of ar <br />11. N011M. Any notice to Borrower provided for in this Security Instrument shall be given gby delivering it or by <br />mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first <br />class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice <br />Provided ra in this Security Instrument shall hx deem <br />this paragraph. ed to have been given to Borrower or Lender when given as provided in <br />13. Gev01`11faL Law; Sevenddky. This Security Instrument shall be governed b federal law <br />jurisdiction in which the Property is located. In the event that an Y and the law of the <br />Note conflicts with applicable law, such conflict shall not affect therProvisions of this Security Security <br />umentuorethe Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note are dxiared to be severable. <br />16. •eeeewef's Celt'. Borrower shalt be given one conformed Copy of the Note and of this Security Instrtunent. <br />17. Trnuder of tie �y or a Seettlelal Interest in Borrower. if all or any part the Prrty r in it <br />is gold or transferred (or if a beneficial interest in Borrower is sold or transferred and oBorro Borrower notaanaturalrperson) <br />without Lender's Prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by <br />"W Security Imtrumettt. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of <br />the date of this Security Instrument. <br />if Leader exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period of <br />not less Utah 30 days from the date the notice is delivered or mailed within which the Borrower must Pay all sums secured by <br />the ass P Security l tied b tit. If Borrower fails to pay these sums Prior to the expiration of this period. Lender may invoke any <br />femadia by this Security Instrument without further notice or demand on Borrower. <br />IS,'a VAIM to► Ralnaase. If Borrower meets certain conditions. Borrower shall have the right to have <br />spipaoshile law Of this security Instrument discontinued at any time prior to the earlier of: (a) S <br />way specify for Fchmstemmt) before sak of the Pro days (or such other period as <br />Sacteky Ismlfsnmeat, or (b) entry of a judgment enforcing this Security tY Pursuant to any power of sale contained in this <br />Me longer, which then would be due under this Security stument and the Noe had no acceleration act rower: <br />rad; (b) <br />cwu MY default of any �r covenants or agreements (c) pays All expenses incurred in enforcing this Security occurred; ( Instrument. <br />liarkad to, rataonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure <br />b"7 tat YM of Ntis seeurky Instrument, Lender's rights in the Property and Borrower's obligation to Pay the sums secured <br />by,tie 9ausaaity 1 t shed continue unc <br />haiv ea Upon reinstatement by Borrower, this security Instrument and the <br />reebe c se Of ccel remain fully effective hs If no accelent!on had occurred. However, this tight to reinstate shall <br />Sa Miry let the case of acceleration utter Part�ttphe 13 or 17, <br />J <br />I <br />