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M 97-- 103877 If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the Insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law, g. Wpedles. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. !. C sedewpftn. The proceeds of any award or claim for damages, direct or consequential, in connection with any or other taking of any pat of time Property, or for conveyance in lieu of condemnation, are hereby assigned and tW be paid to Leader. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security instruentint. whetter or not than due, with any excess paid to Borrower. in the event of a partial taking of the Property, unless Bbrrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is adandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lefler is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the starts secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. So *Pei Not Released; Forbearance by Leader Not a Wisher. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. lt. Stieeeesava tied Assigtis laud; lost and Several Liability; Co- signers. The covenants and agreements of this Security Instrumernt shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument. (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Lem Owles. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refuted to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wihout any prepayment chin under the Note. 13. Legfiaton AffectMg Leader's Rights. If enactment or expiration of applicable laws has the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option, may require im mediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 14. If Leader exercises this option, Lender shall take the steps specified in the second paragraph of paragraph 17. K Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first clan mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first clan mail to Leader's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 13. Geprnsg Law; SeverabOy. This Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provisions or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. W leesarrar's Copy, Burrower shall be given one conformed Copy of the Note and of this Security Instrument. 17. Tender of time Property as a leaelkW Itilered in Bowswee. If all or any part of the Property or any interest in it is sold of t (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) withow Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be emcitad by Lender if exercise is prohibited by federal aw as of the dew of this Security Instrument. It Lender exescim this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days it= the date the Mice is delivered or mailed within which the Borrower must pay all sums secured by ft Security lastrientset. If Borrower fails to pay these sums prior to the expiration of this period. Leader may invoke any reesedies permitted by this Security Instrument without further notice or demand on Borrower. U. ONSawae's NSM N R bWftb. If Borrower mats certain conditions, Borrower shall have the right to have enforcement of Ibis Security Instrument discontinued at any time prior to the earlier of: (a) S days (or such other period as applicable her specify for ) before sale of the Property pursuant to any power of sale contained in this Security hatraissent. or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pap Lender aB sums which then would be der under this Security Instrument and the Note had no acceleration occurred; (b) cum any definsk of any other covenants or s: (c) pays all expenses incurred in enforcing this Security Instrument, but am limited to, reasonable astairstry's fee; and (d) takes such action as Lender may reasonably require to assure thee the of this Security Instrument, Leader's rights in the Property and Borrower's obligation to pay the sums secured by this Severity Itestresserat shall continue wKhanged. Upon reinstatement by Borrower, this Security Instrument and the obligations wound hereby shall remain tuft effective as if no acceleration had occurred. However, this right to reinstate shall act aptely in the Gese of acceleration Ueda paragraphs 13 or 11.