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7 X05594 <br />If Lender required mortgage insurance as a condition of malting the I mi secured by this Security Instrument, <br />Borrower shall pay the premiums required to maintain the insurance in of it 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 />i. 1 fon. Lender or its agent may snake 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. Condeamtkm. 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 be paid to Lender. <br />In the event of a total taking (if the 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: (a) 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 coliect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />to the sums secured by this Sraurity 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 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 <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 Borrower's successors in interest. <br />Lender shall not be required to commence proceedings against any successor in interest 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 tut be a waiver of or preclude 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 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 Security instrument only to mortgage, grant and convey <br />that Borrower's interest in the Property under the terms of this Security 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 />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loam Cl argss. 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 he reduced by the amount <br />necessary to reduce the charge to the permitted limit: and (h) 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 be treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Leader's Rights. If enactment or expiration of applicable laws has the effect of <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 Security Instrument and may invoke any remedies <br />permitted by paragraph 1q. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of <br />paragraph 17. <br />14. Notices. Any notice to Borrower provided for in this Security Instrument shall he 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 <br />Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any muice <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 shall be governed by f €deral 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 shall not affect other provisions of this Security Instrument or the Note <br />which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the <br />Note arc declared to be severable. <br />16, 's Copy, Borrower shall be given one conformed copy of the Note and oft his Security lustrument. <br />17. Tram of the Property or a Beneficial laterest in borrower. [fall 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 Borrower as not aria I u ra I <br />without Leader's prior written consent, Lender may, at its option, require Immediate payment in full of all sums <br />cured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by <br />lederal law as of the date of this Security Instrument. <br />If Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a period <br />of tees less than 30 days from the date the notice is delivered or mailed within which Borrower roust pay all sums secured by <br />t y Instrument. If Borrower fails to pxry these sums prior to the expiration of this period, Lender may invoke any <br />permitted by this Security instrument without further notice or demand on Borrower. <br />10. 's Right to Reinstate. If Borrower melts certain conditions, Borrower shall have the right to have <br />e of this Security Instrument discontinued at anytime prior to the earlier of: (a) 5 days (or such of tier period its <br />Applicable law may •ify for r€instaternent) before sale of the Property pursuant to any Iwwer of sale contained in this <br />Security I ru t; or (b) entry of a judgment enforcing this Security Instrument. Thorn€ conditions are that torrower <br />(a) Lender fill sums which then would he due under this Security Instrument and the Note had rio acceleration <br />(b) cures any default of any other covenants or ag►cem €nos; (c) pays all expenses incurred no entircmg this <br />unity instrument, mclu ing. but not limited to, ressonalik attorn €ys fees, and (dl takes such action as I.ender may <br />r@WAUMY reltuffe tee a re that the lien of this -Uniy Inslrumettt, I.erufer's right. os the property and Ilo rrowcr's <br />Q"qPium tda Pay the wums secured by then Security Instrument %h:dl colntanuc unchanged Upon remsiaterneot by <br />'has So:uraty Instrumenl and the obtiptions secured hereby shall removal fully effective as t no acceleran, li had <br />smutted Hrmever, this right tot tern. a shall nor apply on the caw. 4accelerauo>n uualer paragraph% 1 1 or 17 <br />