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R . �lse.ji r <br />$6- 100997 <br />r If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, <br />I 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 />8. 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, direct or 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 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 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 !king, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be <br />paid to.9orrower. <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 collect and apply the proceeds, at its option, either to restoration 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 t he 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 not 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 anv accommodations with regard to the terms of this Security Instrument or the Note without <br />that Borrower's consent. <br />12. Loan Charges. If th^ 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 be reduced by the amount <br />necessary to reduce the charge to the permitted limit; and (b) 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 />tinder 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 Lender'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 19 if Lender exercises this option, Lender shall take the steps specified in the second paragraph of <br />paragraph 17 <br />14. Notices. Any notice it., Borrower provided for to this Security Instrument shall be given by delivering it or by <br />mailing it by tirsl class matt 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 notice <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 he governed by federal law and the law of the <br />jurisdiction in which the Property is located. In the event that anti provision or clause of this Security Instrument or the <br />Vote 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 />Vote are 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 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 option shall not he exercised by lender if exercise is prohibited by <br />federal law as of thedate of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period <br />of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by <br />this Se•_unty Instrument If Borrower fails to pay these sums prior to the expiration of this period, lender may smoke any <br />remedtes permuted by this Security Instrument without further notice or demand on Borrower. <br />1B. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to hasc <br />enl trcement of this Security instrument discontinued at arty time prior to the earlier of. ia) 5 days (or such other pctwd as <br />L applcablr law may specify for reuntatemeni) before sale ,,f the Property pursuant to any power of ,.Ile contained tit this <br />Sas a.ity Instrutneni: ar III) entry of a judgment enforcing this Sccunty instruni.nt i h +se conditions arc that Borrower <br />sat rays I cider gill sums which then would he due under this Security Irtslruntew :uu! the '`rt. had no aucterafr.�n r,�, <br />.t:rc, any default o` any other wenanrs ,r agreemcw, ( lass al! cLperus m,urred in enforcing this tp. <br />Sr r.r, tnstrt,ntc *it, n- luding. bra not !touted to, reasnaahL•: mi,lmr. rc. .aid +d) !Ac, ,.ich arum a, I- ender tn,n ur <br />.y.•.%::`- assure that the her! , t this c „•� t: Tli!w, iii thr f't,q +c ^t'. m.1 Borr,.nsc! s <br />unls in, unr t. t <br />• }.�_F a..� ,gin. .unr• ecured hs !ht, 'w�unty Itrslrur,tcnl Fall ... ;t•nni: :: o.. ,, t h,.�� rn:, a +trn!cnt h•, <br />it. r. ,.._,. ,`+..t.,r,t•, I•�tru••, cot;,+ n,: I} nt,- hltt: atu> n,•, cruc ::tacrrh.= .1..i „rrr.dt:,t.a'� 1:•.; r, Jr,,.tc.:!�r.t!,•n'ttaJ <br />it! !h,• ..r.. 0, r-'r, toliit .r !I•i:• <br />.—J <br />