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87r-- 105140 <br />t,o <br />If Lender r".-- a condition of making the loan secured by this Security In- <br />strument, Borrower shall pay the premiums required to maintain the insurance in effect Until such time as a requirement for <br />the 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 shall <br />give Burrower 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, direct or consequential, in coptnecrion with any <br />condemnation or other taking of any part of the Property, or fur conveyance in lieu of condemnation, arc 'hereby assigned and <br />shall be paid ut 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 />1, Instrument, whether or not then due, with any excess paid nth Burrower. In the event of a partial taking of the Property, unless <br />Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount <br />' of the proceeds multiplied by the following fraction. (a) the total amount of the sums secured immediately before taking, <br />divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid w Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers ut make <br />an award or settle a claim for damages, Borrower fails to respond m lender within W days after the date the notice is given, <br />Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the <br />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 ? 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 interest of <br />Borrower shall not operate to release the liability of them iginal Burrower or Borrower's successors in interest. Lender shall <br />not be required tucommence proceedings against any successor in interest or refuse to extend time for payment orotherwise <br />modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower <br />or 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 tut remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Burrower, subject to the provisions of <br />paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security <br />Instrument bur does not execute the Note: (a) is co- signing this Security Instrument only nth mortgage,grant and convey chat <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 to agrees chat 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. 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 to be collected in connection <br />with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce <br />the charge to the permitted limit, and (b) any sums already collected from Burrower which exceeded permitted limits will be <br />refunded to Burrower. Lender may choose to make this refund by reducing the principal owed under the Noce or by making a <br />direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any <br />prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering <br />any 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 paragraph of paragraph 17. <br />14. Notices. Any notice to Burrower provided for in this Security Instrument shall be given by 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 Property <br />Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail <br />to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in <br />this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided 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 theevent that any provision orclause of this Security lnstrumenc or the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can <br />be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are <br />declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and 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 it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Burrower is not a natural <br />person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums <br />secured by this Security Instrument. However, this option shall not be exercised by Lender if exert ise is prohibited by federal <br />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 of <br />not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this <br />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 it) have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier tit: (a) 5 days cur such other period as <br />applicable law may specify for reinstatement) before sale of the Properly pursuant th any power of sale contained in this Se- <br />curity Instrument, or (b) entry of a judgment enforcing this Security Instrument. Those cunditioins are that Borrower: tat <br />pays lender all sums which then would be due under this Security Instrument and the Note had no arceleru ion occurred; i b) <br />cures any default of any other convenants or agrecnhentst (c) pays all expenses incurred in enforcing this Security lnst rumcnt, <br />including, but tot limited ail, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to as <br />sure that the lien of this Security Instrument, Lenders rights in the Property and Borrower's obligation to pry thc• ,tun% <br />secured by this Security Instrument shall axninue unchanged. Upon reinstatement by Burrower, tills Sccurin fnsnunhent <br />and the obligations scoured hereby shall rem.,in fully effective as it nn'tccclrtatiuu had ueturred I luwcecr. tills I Ight its <br />reinstate shall our apply in the case of acceleration milder paragraphs I i cut I? <br />I <br />I <br />