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19 <br />L <br />r 7 105186 <br />If Lender required mortgage Insurance as a condition of making the loan secured by the Secud; Instrument, Borrower shat pay the <br />proms uma required to maintain the Insurance In effect until such time as the requirement for the Insurance terminates In accordance with <br />Borrower's and Lender's written agreement or applicable law. <br />S. Inspection. Lender or is agent may make reasonable entries upon and inspections of the Property. Lender shat give Borrower <br />notice at the tine of or puler to an in for the Inspection. <br />8. Condsmnstion. The Illix0i ,1 gas, direct or consequential, In connection with any condom- <br />nation or other taking of any part of t of condemnation, are hereby assigned and shat be paid to <br />Lender. <br />In the evert of a total taking of the Property, the proceeds shag be applied to the sums secured by this Security Instrument, whether <br />or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise <br />agree In writing, the sums secured by this Security Instrument shat be reduced by the amount of the proceeds multiplied by the following <br />fraction: (a) the total amount of the sera secured Immediately before the taking, divided by (b) the fair market value of the Property Im- <br />msdhtely before the taking. Any balance shat be paid to Borrower. <br />If the Property Is abandoned by Borrower, or t, after notice by Lender to Borrower that the condemnor offers to make an award or <br />settle a dakn for damages, Borrower We to respond to Lender within 30 days after the date the notice Is given, Lender Is authorized to <br />collect and apply the proceeds, at its option, either to reitoration or repair of the Property or to the sums secured by this Security Insw- <br />ment, whether or not then due. <br />Unless Lender and Borrower otherwise agree In writing, any apptcatkm of proceeds to principal shat not extend or postpone ihe due <br />ditto 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 Waiver. Extension of the time for payment or modit- <br />ation of ornortbmtIon of the sums segued by this Security Instrument granted by Lender to any successor in interest of Borrower shat <br />not operate to release the liability of the original Borrower or Borrower's successors In Interest. Lender shat not be required to commence <br />proceedings against any successor In interest or refuse to extend time for payment or otherwise modify amortization of the sums secured <br />by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In Interest. Any forbearance <br />by Lenox In exercising any right or remedy shat not be a waiver of or prelude the exercise of any right or remedy. <br />11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of <br />this Security Instrument shat bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph <br />17. Borrower's covenants and agreements shat be Joint and several. Any Borrower who co -suns this Security Instrument but does not <br />execute the Note: (a) Is co- signing this Security Instrument only to mortgage, grant and convey that Bonrowr's Interest in the Property <br />under the tams of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and <br />(c) agrees that Lend and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the <br />tame of this Security Instrument or the Note without that Borrower's consent. <br />12. Low Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum ban charges, and <br />that law is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with the ben exceed <br />the pemetted mss, then: (a) any such loan charge shag be reduced by the amount necessary to reduce the charge to the permitted g- <br />mitt; and (b) any sums akeady collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose <br />to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces prin- <br />cipal, the relation will be treated as a partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of rendering any pro- <br />vleion of the Note or this Security Instrument unenforceable according to its terns, Lender, at its option, may require Immediate payment <br />In fug of all sums secured by this Security Instrument and may invoke any remedies permitted by paragraph 18. If Lender exercises this <br />option, Lender shag take the steps specified In the second paragraph of paragraph 17. <br />14. Notices. Any notice to Borrower provided for In this Security Instrument shat be given by delivering it or by mailing it by first <br />does mil unless applicable law requires use of another method. The notice shag be directed to the Property Address or any other address <br />Bo mar designates by notice to Lender. Any notice to Lender shag be given by }lest class mail to Lender's address sated herein or any <br />other acidness Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shag be deemed to have been <br />given to Borrower or Lender when given as provided in this paragraph. <br />15. Governing Lem Severabiiity. This Security Instrument shag be governed by federal law and the law of the jurisdiction in <br />which the Property Is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable <br />low, such conflict shag not affect other provisions of this Security Instrument or the Note which an be given effect without the conflicting <br />provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. <br />16. Borrower's Copy. Borrower shag be given one conformed copy of the Note and of this Security Instrument. <br />17. Transfer of the Property or a Beneficial Interact in Borrower. If at or any part of the Property or any Interest <br />in it is sold or transferred (or If a beneficial Interest In Borrower is sold or transferred and Borrower is not a natural person) without Len- <br />der's prior written consent, Lender may, at its option, require immediate payment in fug of at sums secured by this Security Instrument. <br />However, this option shag not be exercised by Lender t exercise as prohibited by federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shag give Borrower notice of acceleration. The notice shat provide a period of not less than 30 <br />days from the date the notice is delivered or mated within which the Borrower must pay all sums secured by this Severity Instrument. If <br />Borrower tats to pay these suns prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instru- <br />ment without further notice or demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shag have the right to have enforcement <br />of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify <br />for reinstatement) before sale of the Property pursuant to any power of sale conned in this Security Instrument; or (b) entry of a judg- <br />merht enforcing this Security instrument. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this <br />Security khasvme nt mid the Note had no acceleration occurred; (b) cures any default of any other covenant or agreements; (c) pays at <br />expenses Incurred In enforcing this Security Instrument, Including, but not limited to, reasonable attorneys' fees; and (d) takes such action <br />as Lender may reasons* require to assure that the lien of this Security Instrument, Lender's rights In the Property and Borrower's o>bgg- <br />s#On to pay the sums secured by this Security Instrument shag continue unchanged. Upon reinstatement by Borrower, this Security Instru- <br />mMaht and the obtgugdxns secured hereby shat reran Idly effective as If no acceleration had occurred. However, this right to reinstate <br />OM not apply In the case of acceleration under paragraphs 13 or 17. <br />013162S_TF ) <br />zlmiaeao Page 3 of A <br />r' <br />