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t <br />86-- 1038146 <br />�w <br />If Leader sequirrd molagage. insurance as a,cond'ttion of making the loan secured by this Security Instrument, <br />" Borrcnvcrshali pay,tis piremtwaerequired to maintain the insurance en effect until °such time as the requirement for the <br />insurance terminates "60* with $ocroiver'a and `Lenders written agreement or applicable law. <br />g• 1ptfctioi Lit et eft its bent trap make reasonable entries upon and inspections of the Property. Lender <br />shall eve Hoirovver- Ile b e pt m toaH-ihspection specifying reasonable cause for the inspection. <br />4 Cotttledtastio* " The proceeds of airy swara or claim for damages, director consequential, in connection with <br />any cattiietitnation or other in ing of any part of the Property, or for conveyance in lieu of condemnation, are hereby <br />" assigned aaashall 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 />Insinitnenl, wrhether or "not then due, with "any excess paid to Borrower. In tite event of a partial taking of the Property, <br />ueleiiirWrrbiker and Tender otherwisragreBe in wri ting, the sums secured by this Security Instrument shall be reduced by <br />tbe'amount of the proceeds multiplied by the following fraction; (a) the rata! amount of the sums secured immediately <br />Wore the taking, divided by (b) the fair market value of the :property immediately before the taking. Any balance shall he <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 orsettle 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 ihis Security instrument, whether or not then due. <br />U'nle'ss Lender arid Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or <br />postpone the'. due elate of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. <br />10, Borrower Not Reletised; 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.florrower 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 orntherwise 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 Aid :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 IT 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) n 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 Instrument or the Note without <br />that Borrower's consent. <br />IZ. Loan Charges. if the loan secured by this Security Instrument is subi-I 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 he 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 he 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 it. terms, Lender, at its option, <br />may require immediate payment in full of ail stuns 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 fee 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 />firsuclass mail to Lender's address stated herein or any other address Lender designate, 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 />1S: Governing Law; Severability. This Security instrument shall be governed by federal law and Ilie law of the <br />jurisdiction in which the Property is located. In the event that any provision or clause of [lies Security Instrument or the <br />Note Conflicts with applicable law, such conflict shall not atlect 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 severable, <br />IC Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Sec unt) Instrunieni. <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.ts sold ur transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is lint 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. Nowevcr. this caption shall not be exeicised by Lender if exercise is prohibiled by <br />federal law asofthedateof this Security Instrument. <br />If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'the notice shall pros ide a period <br />of not less than 30 days from the date the notice is delivered or marled within which Borrower niust Pay all sums secured by <br />this Security Instrument. If,Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke all <br />remedies permitted by this Security. Instrument without further notice or demand on Borrower. y <br />is. borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the regret to have <br />cttfcxcctne01 of this Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other perunl as <br />Applicable law may specify (err reinstatement) before sate of the Property pursuant to any power Of sale contained tit this <br />Security Instrument; or (b) entry of a judgment enforcing this Security li muincnt fhose condom ns are that Iic.rrowcr <br />(a),pAys Lender all sums which then would be due under this Security Instrument and the Note had no act clerarron <br />ateutrht (b) cures any default of any other covetlunts or agreement.,, (c) pays all cxlKUses incurred lit enforcing Ilu, <br />Swurity instrument, including, but not limited to, reasonable attorneys' fees, and (d) t,ikcs such action its Lcndei mas <br />reasonably require to assure that the lien of this Security Instrument, Lender's rights o, Oie Property amt l3ceriouci's <br />obligation la pay the sums secured by this Security Instrument shalt continue unshaoged t 11011 rcuiu,,rcnu ni nt <br />Borrower. this Security instrument and the obligations securest hereby %half remain 14411) ette, u,r it, if w, a;,, icr.ane,n haci <br />occurred However. this right to reinstate shall not apply tit lite rase of ac :elcran,m mndee 1 : ,,, <br />