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r <br />L <br />86t -- 102106 <br />If Lender required mortgage insurance as it condition of making the loan secured by this Security instrument, <br />Borrower shall pay the premiums required to maintain the insurance to 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, 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 he 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 evert 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 (h) 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 h) 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 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 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 Instrumem: (b) is not personally obligated to pay <br />the sums secured by this Security Instrument, and (c) agrees that Lender and any other Burrower may agree to extend, <br />modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the 'vote without <br />that &n-rower's consent. <br />12. Loan Charges. If the loan secured by this Securiq instrument is suhiect to a law Much sets maximum loan <br />charges, and that law is finally interpreted so that the interest or tither loan :harces ollectcd or to he collected in <br />connection with the loan exceed the permitted limits. then: (a) any etch loan charge 111.111 he rcduccd 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 he treated as a <br />partial prepayment without any prepayment charge under the Vote. <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has the effect of <br />rendering any provision of the Vote 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 Secunty 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 37. <br />14. Notices. Any notice ill Borrower provided for in this Sccurity Instrument shall be 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 !o 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 go%erned h% federal law and the iaw 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 />Notc 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. I'o this end the provisions of ihu Sccurity Instrunicni and the <br />Vote are declared to be severable. <br />16, Borrower's Copy. Borrower shall he given one :onformcki copy mthe Note and of this Secunty I lilt runtent. <br />17. Transfer of the Property or a Beneficial Interest in Borrower. if all or any part of the Property or :my <br />interest in it is sold or transferred (or if a beneficial interest Ili Borrower is sold or Iransfened and Borrower is not a ratuml <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 Ilowever, this option hall not he cxenciscd by Lender if exercise I% prohibited by <br />federal Lew as of the date of this Security Initrumceu. <br />If Lender exercises this option, Lender shall give Burrower notice of acccicration. I he notice shall pro%ale a pcilod <br />of not less than ?Odays From the date the notice is delivered or mailed within which Horrower must pay all scans secured by <br />this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any <br />remedies permitted by this Security Instrument without further notice or dernand on Borrower <br />18. Borrower's Right to Reinstate, If Borrower meets certain conditions, Bonomcr shall have the right lo have <br />enforcement of thi%Sccurity In%trunicni duconhnued at any time prior to the earlier ol'i iai s days (or such other punod as <br />appiwahic law may slievify for reinstate:rnew) hetivre %ale of the Property pursuant 10 Ally ptnvcr of sale comt,uncd in this <br />Security i list rei Ill e!tt: ;,r th) entry it a jodgnurnt enforcing this Svc nrlt-, II Ili II)IncN 1 hose :"ildlil tnl ,ur that lio l ever <br />ta) payl Lender :oil rums Nhich !ben would he due uncle[ this seo:unry inslrnmtcnt ,Ind the \,*ie had m a�, rler,tn:n <br />aK Curry =d, ih{ cures any drftvik of any other co,%cnants ,n igrccrricnts. 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