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cc <br />IDTJ - <br />103249 <br />If lender required mortgage insurance as a condition of making the loan secured by this Security In- <br />strument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as a requirement for <br />the 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. tender shall <br />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 any <br />condemnation orother taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and <br />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, unless <br />Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount <br />of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before taking, <br />divided by (b) the fair market value of the Property immediately before the caking. Any balance shall be paid to Borrower. <br />If the Property is abandoned by Borrower, or if, after notice by Lender to Burrower that the condemnor offers to make <br />an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, <br />Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the <br />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 Elie 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 interest of <br />Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall <br />not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise <br />modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower <br />or Borrower's successors in interest. Any forbearance by lender in exercising any right or remedy shall not be a waiver of or <br />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 this <br />Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of <br />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 that <br />Borrower's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay the <br />sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, <br />forbear or make any accommodations with regard to the Terms of this Security Instrument or the Note without that <br />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 orother loan charges collected or rube collected in connection <br />with the loan exceed the permitted limits, Then: (a) any such loan charge shall be reduced by the amount necessary to reduce <br />the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be <br />refunded to Borrower. fender may choose to make this refund by reducing the principal owed under the Note or by making a <br />direct payment to Borrower. If a refund reduces principal, Elie reduction will be treated as a partial prepayment without any <br />prepayment charge under the Note - <br />13. Legislation Affecting Lender's Rights. If enactment or expiration of applicable laws has The effect of rendering <br />any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at irs option, may require <br />immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by <br />paragraph 19. If Lender exercises this option, lender shall take the steps specified in the second paragraph of paragraph p 7. <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 useuf another method. The nonce shall be directed To the Property <br />Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail <br />to Lender's address stated herein or any other address Lender designates by notice to Burrower Any notice provided for in <br />this Security Instrument shall he deemed to have been given To Borrower or Gender when given as provided in this paragraph - <br />15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the <br />jurisdiction in which the Property is located. In Elie event that any provision or clause of this Security Instrument or the Note <br />conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can <br />be given effect without the conflicting provision. To this end the provisions of this Security Instrument and The Note are <br />declared to be severable <br />l6. 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 for if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural <br />person) without Lender's prior written consent, tender may, at its option, require immediate payment in full of ail sums <br />secured by this Security Instrument. However, this option shall not be exercised by lender if exercise is prohibited by federal <br />law as of the date of this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of <br />not less than 30days from the date the notice isdelivered or mailed within which Borrower must pay all sums secured by this <br />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 demand on Borrower. <br />18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Burrower shall have the right to have <br />enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a ) 5 days (or such other period as <br />applicable law may specify for reinstatement) beforesaleof the Property pursuant to any power of sale contained in this Se- <br />curity Instrument, or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Born urr: (a) <br />pays Lender all sums which then would be due under this Security Instrument and the Note had no acre lerar ion occurred; (b) <br />cures any default of any other convenants or agreements; (c) pays all expenses incurred in emorcing this Securiry Instrument, <br />including, but not limited to, reasonable attorneys fees; and (d) rakes such action as Lender may reasonably require To as- <br />sure that the lien of this Security lnstrumt Lender's rights in the Property and Borrower's obligation to pay The sums <br />secured by this Security Instrument shall cominue unchanged. Upxm reinstatement by Bornmet, This Sco,rin Instrument <br />and the obligations secured hereby shall remain fully effective as if no acceleration had occurred However. this right to <br />reinstate shall not apply in the case of acceleration tinder paragraphs I i or 17 <br />