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86^ 100732 <br />l <br />If Lender required mortgage insurance as a condition of malting the loan secured by this Security Instrument. <br />Borrower shall pay the premiums required to maintain the insurance in effect 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 />S. Inspection. Lender or its agent may make 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. Condemnation. The proceeds of any award or claim for damages, director consequential• in connection with <br />anv 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 of 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 Secunty Instrument shall he reduced by <br />the amount of the proceeds multiplied by the following fraction: Ia) 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 condemner offers to <br />make an award or settle a claim for damages, Borrower fails to respond to Lendcr within 30 days after the date the nonce is <br />given, Lender is authorized to collect and apply the proceeds, at its option- either to resioratton or repair of the Property or <br />to the 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 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 interesi 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 mace <br />by the original Borrower or &)rrow•er s successors in interest. Any forbearance by Lender in exercising any right or remedy <br />shall not be a waiver of or preclude the exercise of arty 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, suhject to the prov isions <br />of paragraph 17. Borrower's covenants and agreements shall be joint and several Any Borrower who co -signs this Securtiy <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: (h) is not personally obligated to pay <br />the sums secured by this Secunty and (c) agrees that Lender and am other Borrower may agree iC extend. <br />Instrument; <br />modify. forbear or make any accommodations with regard to the terms of this Secunty Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If the loan secured by this Securtiy Instrument is suhlect To a law vyhich sets maxitrum loci: <br />charges. and that law is finally interpreted so that the interest or other loan charges collected or to he c_ciiuted rt <br />'tic <br />connection with he loan exceed the permitted limits, then: (a) am such loan charge shall he reduced the am:uir,t <br />necessary to reduce the charge to the permitted limit; and (b) any sums already colleeied from Borrower which exceeded <br />permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the p rincipai : wctii <br />under the Note or by making a direct payment to Borrower. if a refund reduces principal. the reduction will he treated as a <br />partial prepayment without any prepayment charge under the Note. <br />13. Legislation Affecting Lender's Rights. If enactment or expiraifon of applicable iaws has the effect ••. <br />rendering anv provision of the Note or this Secunty Instrument to Ils +erns• Lender, at ,ts op:;on. <br />may require immediate payment in full cif all sums secured he this Secar..c lip,jiumeTil and may t evoke im remedies <br />permitted by paragraph 1`v. If Lender exercises this option. Lender shall take the sten.s specified to the second paragraph of <br />paragraph 17. <br />14. Notices. An% notice to Borrower provided for in -' s Securnv Ire,tnimcni shall he gt,cr. h.% Jeinernng a r.r ray <br />mailing it by first class mail unless applicable law requires a_se of another method. The notice shall be dnected to !h,: <br />Property Address or any other address Borrower designates by nonce to Lender Anv notice to Lender shall he given h} <br />first class mail to Lenders address stated herein or any other address Lender designates by notice to Borrower. Am none <br />provided form this Secunty instrument shall he deemed io have been given to Borrower or Lender when even as rr + ideci <br />in this paragraph. <br />15, Governing Law; Severability. This Securty Instrument shall he governed by lcdc•ral law and the 'a,.% .•f the <br />junsdiction in which the Property is located. in the event that arty prrnision or clause cif this Security Instrument or the <br />Note conflicts with applicable law, such conflict shall not affect other prosisions of this Securtiy Instrument or the Note <br />which can be given effect without the conflicting pro%tsion. To this end the proviswns of this Secunty lnstrumeni and the <br />Note are declared to be severable. <br />16. Borrower's Copy. Borrower shall be given one conformed copy o f t he Note and of Ihis Security instrument <br />17. Transfer of the Property or a Beneficial interest in Borrower. if all ,r any pan of the Properiy or any <br />interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower 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 optuin shall not be exercised by Lender if exercise is pn,hihited by <br />federal law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of cceleralIon The notice shall provide s period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all swims secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender mac 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 meet certain conditions. Borrower shall hayc the right to hate <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of (a) C days for such other period as <br />applicable law may specify for reinstatement) before sale of the Property pursuant to an,v power of sale contained in This <br />hose, that Borrower <br />$ ' <br />i Secunty instrument, or (bt en: -c of a judgment enforcing this Secunty Instrument 1 ctmdinons are <br />be due under this Secur Instrument and the time had no ac,:cic-r non <br />L ta) pays Lender all sums which then would ty <br />1# <br />occurred: (h) cures am default of any other covenants or agreements. {e) pays all expenses ,ncurred In enl n.nig ih!s <br />Secunty Itnt umem. iacludinp, but not limited tit, reasonahle attornevs' fees. grid id1 takes such tenon as Le rdv, rnav <br />I U <br />� <br />reasonably require to assure that the lien of this Secunty Instrument. Lender's rights in the Prnper.y and Bt r %cr" <br />obligation to pay the sums sersrcd h% this Sceurn+ instrument shall i,,ntinue unchanged I h:vi rrurta; <mer.r he <br />ior row er is fir.. :rat o .strururnI tine! the ahIILauons sccur d hrrt+ sum`; rcrn;uui titlly rlf ^.I .i :. i . I, , in,•n ha,: <br />_n:r'cd H,.,a • �. 'cri: •.. •c,i :�.a•r t.,... n, ;r at-n!'. ,nth.r.�: , -:r Ic� ,;i:•n i i sir pa .o <br />J <br />