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86 -. 101834 <br />if Lender required mortgage insurance as a condition of making 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 />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. Comdemnatioa. 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 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 collect and apply the proceeds, at its option, either to restoration or repair of the Property or <br />to the sums secured by this Secunty 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 i he 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 />by this Security Instrument by reason of any demand made <br />payment or otherwise modify amortization of the sums secured <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 lnstrumcnt only to mortgage, grant and convey <br />that Borrowers 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 instrmncnt or the Note without <br />that 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 <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 />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 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, tender. 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 to Borrower 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. File notice shall be directed to the <br />Property Address or any other address Borrower &signates by notice to Lender. Any notice to Lender shall be given by <br />first class mail to Lender'-, 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 I..aw; Severability. This Security Instrument shall he governed by federal law and the haw of the <br />iurisdiction 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 .:ondict 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 are declared to be sex erable. <br />16. Borrower's Copy. &xrower shall he 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 unmediate payment in full Of all sums <br />secured by this Securit y Instrument. However, this option shall not he exercised by Lender if exercise is prohibited by <br />federal law asofthedatcofthisSecunly Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. Thr notice shall pi,nide a period <br />of mn less than 3f)days from the date the notice is dehxered or mailtd within which Borrower must pay all sums secured by <br />tills Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender nl:ay irlvIikc any <br />remedies permitted by this Sec unity Instrument without further nollce or deniand n Borrower. <br />18. Borrower'v Right to Reinstate. If Borrower anti is certain omditions Bnri-ower Shall 11 are the Tight ,, bluer <br />G, <br />enforcement of this Security Instrument disc ootmued at any time prior to 111c e artier of t a) s days i it ueh oll a lw!lod .r. <br />, <br />applicable law may spC4:)fi' for remstatemeuti hefore sale t'f the Pralpe'riv pursuant le, all) I <, wel of '.ale: olll'tlllvd ill thl,. <br />Seruray Instrument. or 0)) entry of a judgmem enforcing this Security Instrumnni i hose ::ondrrnals err that lt,,rrl wrr <br />ill pays t. < -ndcr ill cum, which then would he title under Ihts Security Instrument and the Note had u, a ricrdn,!l <br />r <br />,,:,Ufr d: (hi ,ores dov default of .anv o!her c:lvenantS or agieenlents, (ri pay; .111 xpenseS mrurrcd m enfc lent, Ow, <br />built, Irtsirsmcw, tnclu.',ing, but not llmlted lo, reasonable altornt Gc. and 1d! tikes'iKh 1,11 rmf,r n,ul <br />rears., ^ :tt,!s r;luvc t,, acsurc sh:vt the Ilea I,f tills $ccurit% Instrurnrni, 1_:;1cVcr. n(zhl .r. 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